Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 337 - SERVICE APPEAL PROCESS
Section 337.40 - Department and Provider Agency Responsibilities on Appealable Issues
Universal Citation: 89 IL Admin Code ยง 337.40
Current through Register Vol. 48, No. 38, September 20, 2024
The Department or provider agency which made the decision, or intends to take the action being appealed, shall be responsible as follows.
a) When the Department is the service provider, the Department's responsibilities are to:
1) provide timely and adequate notice as
required in Section
337.90
of this Part;
2) make a
determination whether the children are in imminent risk of harm;
3) provide continuing services when there is
a stay of action and reinstate services when the decision is made to do
so;
4) within 15 calendar days from
the date of appeal, prepare and submit to the Administrator of the
Administrative Hearings Unit and the appellants a written summary of the
intended action or action already taken. Such summary shall include a statement
and specific citation of the law or policy, reasons for the action, and a
summary of the facts supporting the action;
5) make available to the appellant the
documents considered or created in taking the action(s) or reaching the
decision(s) under appeal;
6)
provide, at the hearing, a staff person who is familiar with the case and
proposed action(s) or decision(s) being appealed; and
7) arrange for transportation or a telephone
conference to ensure the child's participation or presence at the proceeding,
if a child for whom the Department is legally responsible will participate in
or attend any part of the appeal process. The Department shall bear the cost of
the transportation or the telephone conference.
b) When the provider agency is the service provider, the provider agency's responsibilities are to:
1) provide timely and adequate notice as
required in Section
337.90
of this Part;
2) provide continuing
services when there is a stay of action and reinstate services when the
decision is made to do so;
3)
obtain a determination from the Department whether the children are at imminent
risk of harm;
4) conduct a review
of the action(s) taken or decision(s) made prior to the emergency review or
mediation. Such agency review shall be conducted by an administrator of the
provider agency;
5) within 15
calendar days from the date of appeal, submit to the Administrator of the
Administrative Hearings Unit and the appellants a summary of the outcome of the
review. Such summary shall include a statement and specific citation of the law
or policy, reasons for the action, and a summary of the facts supporting the
action;
6) provide to the
Department all information and records pertinent to the action(s) or
decision(s) under appeal;
7) make
available to the Department and the appellant the documents considered or
created in reaching the decision(s) under appeal;
8) provide, at the hearing, a staff person
who is familiar with the case and action(s) or decision(s) being appealed;
and
9) arrange for transportation
or a telephone conference to ensure the child's participation or presence at
the proceeding, if a child for whom the Department is legally responsible will
participate in or attend any part of the appeal process. The provider agency
shall bear the cost of the transportation or the telephone
conferences.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.