Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 337 - SERVICE APPEAL PROCESS
Section 337.70 - What May Be Appealed
Universal Citation: 89 IL Admin Code ยง 337.70
Current through Register Vol. 48, No. 38, September 20, 2024
a) By Families and Children
Families and children may appeal the following issues:
1) the denial, in whole or in part, of child
welfare services requested by families, children, or an individual legally
appointed to represent a minor, incompetent or incapacitated person or the
failure of the Department or its provider agency to decide, within 30 calendar
days after the date of the request, whether to grant or deny services requested
by the parents or children;
2) a
decision to reduce, suspend or terminate services;
3) the choice of a permanency goal or the
denial of a request for a change in permanency goal, provided the circuit court
has not entered any permanency order establishing the permanency
goal;
4) the failure to complete a
service plan within 45 calendar days after case opening or the failure to
review the service plan within the Department's specified time
frames;
5) the failure to provide
services as specified in the service plan with reasonable promptness or within
the time frames as provided in the service plan;
6) the frequency or length of family
visitation, or failure to arrange parent-child visits when the child is placed
out of the home and parental rights have not been terminated, and the frequency
or length of sibling visits when children are placed apart;
7) a change in the placement of the child;
or
8) the imposition of unnecessary
services or conditions as part of a service plan.
b) By Foster Parents and Relative Caregivers
1) Foster parents may appeal the following
issues:
A) decisions made by the Department or
its provider agency that directly affect the foster parent, such as payment
issues, as defined in 89 Ill. Adm. Code 359 (Authorized Child Care
Payments);
B) decisions made by the
Department or its provider agency regarding services provided for the benefit
of foster children in their care, such as day care, medical, educational, and
psychological services;
C) failure
to provide services as specified in the service plan for the benefit of the
foster children in their care. This does not include services provided to the
biological family, such as family therapy or family counseling; and
D) removal of a child from the foster family
home, provided that the child has been placed in the home for at least 60 days.
This does not include placement with the biological or adoptive parents or
siblings, placements for purposes of adoption as ordered by the court, or
return to an individual or individuals with whom the child resided prior to
entering substitute care or removal of a child at the request of the foster
parents.
2) Relative
caregivers may appeal the following issues:
A)
decisions made by the Department or its provider agency that directly affect
the relative caregiver, such as payment issues as defined in 89 Ill. Adm. Code
359 (Authorized Child Care Payments);
B) decisions made by the Department or its
provider agency regarding services provided for the benefit of foster children
in their care, such as day care, medical, educational, and psychological
services;
C) failure to provide
services as specified in the service plan for the benefit of the foster
children in their care. This does not include services provided to the
biological family, such as family therapy or family counseling; and
D) removal of a child from the relative
caregiver's home, provided that, for a licensed relative caregiver, the child
has been placed in the home for at least 60 days or, for an unlicensed relative
caregiver, the child has been placed in the home for at least 90 days. This
does not include placement with the biological or adoptive parents, or
siblings, placements for purposes of adoption as ordered by the court, return
to an individual or individuals with whom the child resided prior to entering
substitute care, or removal of a child at the request of the foster
parents.
3) Foster
parents and relative caregivers have the right to be heard by the Department on
issues specified in 89 Ill. Adm. Code 316 (Administrative Case Reviews and
Court Hearings) and
316.90 (Decision
Review) that are not appealable under this Part. However, they will not be
considered a party to the service appeal on issues that may affect residual
parental rights and responsibilities. These include, but are not limited to,
issues regarding the child's return home, family visitation, the right to
consent to adoption, the right to determine the minor's religious affiliation
and other issues that do not directly affect the foster parents themselves or
their roles as caregivers of the child. The residual rights and
responsibilities of parents are further defined in Section 1-3(13) of the
Juvenile Court Act of 1987 [705
ILCS 405/1-3(13)] .
4) When the foster parent or relative
caregiver appeals a change of placement, the child shall always be a party to
the appeal and the child's attorney and guardian ad litem notified of the
appeal. For all other appeals affecting the child, the child's attorney and
guardian ad litem shall be notified.
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.
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