Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 337 - SERVICE APPEAL PROCESS
Section 337.90 - Notices of Department or Provider Agency Decisions
Universal Citation: 89 IL Admin Code ยง 337.90
Current through Register Vol. 48, No. 12, March 22, 2024
a) Required Notices
1) Persons who may appeal, pursuant to
Section
337.60, have the
right to receive a timely and adequate written notice of Department or provider
agency decisions. This notice may be in the form of a completed service plan
provided the service plan includes, either in the case plan or through
additional documents, all of the elements required in an adequate notice
(subsection (c)). This notice shall be provided by the entity making the
decision. A timely and adequate written notice is required on decisions that
are appealable under Section
337.70.
2) Notices need not be "timely" in situations
in which a child is considered to be in imminent risk of harm. In situations in
which the Department assessed a child to be in imminent risk of harm, the
Department may omit "timely written notice", but shall send adequate written
notice no later than the date of the action that shall include a statement
explaining why timely notice was not provided.
3) Written notice shall be in the appellant's
primary language.
b) Timely Written Notices
A written notice is considered "timely" when mailed within the following time frames:
1) within 30
calendar days after the request for child welfare or day care
services;
2) at least 10 calendar
days before an action to reduce, suspend or terminate services, or before
implementing a critical decision in situations in which the Department does not
consider the child in imminent risk of harm;
3) within 30 calendar days after the date the
Department is given notice of the relative's request for placement of a
Department ward.
c) A written notice is considered "adequate" when it contains:
1) a specific statement of the action the
Department or its provider agency intends to take;
2) the proposed date for the intended
action;
3) the reasons and
information supporting the action, and specific rules relied upon when taking
the action;
4) a statement advising
the individual of the right to appeal the decision made by the Department or
its provider agency or any part of the service plan with which he or she may
not agree;
5) an explanation of the
service appeal process available;
6) a statement that:
A) except as provided in subsection
(c)(6)(B), an appeal of a decision made by the Department or its provider
agency must be requested in writing within 45 calendar days after the date of
notice; and
B) an appeal of a final
decision of a clinical placement review must be requested in writing within 10
days from the clinical placement review decision (see Section
337.30(c)
);
7) a statement that:
A) except as provided in subsection
(c)(7)(B), services will continue unchanged, unless the child is determined to
be in imminent risk of harm if services continue unchanged, if an appeal of the
decision made by the Department or its provider agency is requested within 10
calendar days after the date of notice; and
B) for an appeal taken from the final
decision of a clinical placement review, the child shall be placed in
accordance with that decision during the pendency of the appeal (see Section
337.30(c)
);
8) if the issue is subject to emergency
review, a statement advising the individual that an emergency review is
available upon request;
9) the name
and address of the individual who must be contacted in order to request an
appeal of the decision;
10) a
statement that the individual may have a lawyer, or other representative,
witnesses, or other individuals having knowledge of the issues in dispute,
present throughout the appeal process; and
11) a statement informing the individual that
he or she may submit a brief, written summary that may include additional
information for consideration as to why the Department or provider agency
should change its decision.
d) Delivery of Notices
Notices shall be:
1)
hand delivered with a certificate of delivery signed by the appellant or
representative; or
2) sent
certified or registered mail to the parties or their agents appointed to
receive service of process in accordance with the requirements of the Illinois
Administrative Procedure Act [5 ILCS
100/10-25 ].
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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