California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 7 - California Children's Services
Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants
Article 2 - Designated CCS Agency
Section 42160 - First Level Appeal

Universal Citation: 22 CA Code of Regs 42160

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If the CCS client or applicant is not satisfied with a decision, he or she may submit a written appeal. Appeals in response to a Notice of Action shall be postmarked within 30 calendar days from the date of the Notice of Action.

(b) The written appeal shall describe the issues(s); shall provide available pertinent information to support the client or applicant's request, and the action, decision or relief sought, including any request for continuation of CCS services during the appeal process.

(c) Appeals shall be sent to the CCS program in the county of residence as designated below:

(1) In a county which administers CCS services "independently" in accordance with section 123850 of the Health and Safety Code, the appeal shall be directed to the program director or designee of the county CCS agency.

(2) In all other counties, the appeal shall be sent to the State CCS Regional Office for that county.

(d) The designated CCS agency shall upon request assist the client or applicant to complete the request for an appeal. No form is required for requesting an appeal.

(e) Within 21 calendars days of receipt of the written appeal the designated CCS agency shall review the appeal and, if sufficient information is available, mail the written response with the basis for the decision, including pertinent facts and the supporting statues, or regulations, to the CCS client or applicant. If additional information is required to make the decision, the response to the appeal shall be mailed within 21 calendar days of receipt of the additional information.

(f) If the decision of the CCS agency does not resolve the issue(s) to the satisfaction of the CCS client or applicant, the issue(s) may be appealed to a CCS Fair Hearing as provided for in section 42180.

(g) The CCS agency shall maintain a copy of the appeal file in the claimant's case record.

1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior history, see Title 17, Part I, Subchapter 3, Sections 2890-2923, not consecutive.
2. Change without regulatory effect renumbering former section 42160 to section 41760 and renumbering former section 42703 to section 42160, including amendment of section and NOTE, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).

Note: Authority cited: Sections 20, 100275(a) and 123805, Health and Safety Code. Reference: Sections 123850 and 123925, Health and Safety Code.

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