reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.100 - How to Request a Service Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 appellant shall request a service appeal in writing within 45 calendar days
			 after the date of notice unless the issue is the removal of a child or change
			 of placement, then the appellant shall request a service appeal within 10 days
			 from the clinical placement review decision. The appellant shall include in the
			 request his or her name, address, and a statement of the intent to appeal. The
			 appellant may also submit a general statement of the issues appealed and a
			 brief written summary stating his or her position regarding the Department's
			 decision, and may include additional information for the Department to consider
			 as to why the Department should change its decision.
b) If the appellant wishes the services to
			 remain unchanged during the time of the appeal, the appellant shall request an
			 appeal in writing within ten calendar days after the date of notice.
c) The request for a service appeal must be
			 in writing and shall be submitted to the Administrative Hearings Unit,
			 Department of Children and Family Services, 406 E. Monroe Street, Springfield,
			 Illinois 62701.
d) If the appellant
			 is unable to request a service appeal in writing, the Department or provider
			 agency shall provide assistance to ensure that the request is made in
			 writing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.110 - Grounds for Dismissal of a Service Appeal Request

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrator of the Administrative
			 Hearings Unit shall dismiss a request for a service appeal for the following
			 reasons:
1) the appellant failed to request
			 an appeal within the time frames allowed. However, when timely or adequate
			 notice was not provided in accordance with this Part, the appellants may appeal
			 up to 45 days from the date they receive adequate notice of the Department's
			 action or decision;
2) the appeal
			 has been withdrawn in writing. If the appellant is unable to withdraw the
			 appeal in writing, the Department or provider shall help the appellant put the
			 withdrawal in writing;
3) the issue
			 is not within the jurisdiction of the appeal system;
4) a court has made a judicial determination
			 or issued an order on the issue being appealed. However, a juvenile court
			 determination that a current foster home placement is necessary and appropriate
			 does not constitute a judicial determination on the merits of a service appeal,
			 filed by a former foster parent, involving a change of placement decision;
			 or
5) the appellant has waived the
			 right to a service appeal by abandoning his or her right, as defined in Section
			 337.160.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.120 - Time Frames for the Service Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
The appeal process shall begin on the date of appeal as defined
				in Section
				337.20 of this Part. The
				Department shall give the appellant an opportunity to attend a mediation within
				30 calendar days from the date of appeal and shall schedule a fair hearing
				within 45 calendar days from the date of appeal. An emergency review shall be
				heard on the appropriate issues within 10 calendar days from the date of the
				appeal. The Department shall make and implement a final administrative decision
				on the appealed issue within 90 calendar days from the date of appeal, extended
				by any delay caused by or agreed to by the appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.130 - Continuing Services During the Service Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
When an appellant requests a service appeal within the 10
				calendar days following the date of notice of the action to be taken, the
				Department or its provider agency shall continue to provide services unchanged
				during the appeal process, unless the situation is determined to be one that
				would result in imminent risk of harm to the child or others if services remain
				unchanged or if the appeal is about a clinical placement review decision or if
				a corrective order has been issued by the reviewer subsequent to an emergency
				review.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.140 - Confidentiality During the Service Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department has an affirmative duty to
			 protect the confidentiality of personal information of clients served by the
			 Department, in accordance with 89 Ill. Adm. Code 431, Confidentiality of
			 Personal Information of Persons Served by the Department, and the Adoption
			 Assistance and Child Welfare Act of 1980 (42 U.S.C. par. 671 (a)(8)).
			 Confidentiality shall be preserved during mediation, emergency review, the fair
			 hearing, the transmittal of the administrative law judge's recommendation to
			 the Director and the release of the final administrative decision.
b) The mediator, reviewer, and the
			 administrative law judge have the right to exclude any individual or agency who
			 does not have the right of access to the information being presented in
			 accordance with the Adoption Assistance and Child Welfare Act of 1980, the
			 Children and Family Services Act, the Abused and Neglected Child Reporting Act,
			 and any other pertinent Act.
c) The
			 mediator, reviewer, and administrative law judge have the authority to divide
			 the proceeding into segments which deal with issues of the parent, child or
			 other parties in order to preserve confidentiality as mandated under applicable
			 statutes and rules and to prohibit discussion or introduction of evidence that
			 is outside of the scope of the issues being presented in that
			 segment.
d) The client and
			 authorized or legal representative have the right to review the case record, as
			 provided by 89 Ill. Adm. Code 431, Confidentiality of Personal Information of
			 Persons Served by the Department, upon request, with the exception of deleted
			 confidential information, and to review any material the Department or agency
			 intends to submit at the hearing. The case record will be made available for
			 viewing by the client and representative in the presence of a Department
			 employee during regular business hours at the office providing or denying
			 services. The client or representative may obtain copies of the case record
			 material in accordance with the Department's rules on confidentiality (89 Ill.
			 Adm. Code 431).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.150 - Notice Concerning a Service Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The following persons shall receive notice that an appeal
				request has been granted and the date, time and place of the initial service
				appeal proceeding: the child (if age 13 or over and residing in substitute
				care), the family, the guardian ad litem upon written request and any other
				authorized or legal representative as defined in Section
				337.60, the
				provider agency, and foster parents and relative caregivers when the issues
				raised on appeal directly affect the foster parents or relative caregivers or
				their role as caretaker of the child.
a) If the appellant agrees to mediation or if
			 an emergency review is requested, the Department shall provide written notice
			 to all parties of the time, date and place of the mediation or emergency
			 review. Notice concerning mediation and emergency review shall inform the
			 parties of the right to bring any evidence in an attempt to resolve the problem
			 more quickly.
b) The Department
			 shall provide written notice to the appellant of a fair hearing, which shall
			 contain the following:
1) the date, time and
			 location of the hearing;
2) a
			 statement that the appellant or his or her authorized or legal representative's
			 failure to appear at the hearing without adequate cause may be deemed an
			 abandonment of the request, thus constituting a waiver by the appellant of the
			 right to a hearing in accordance with Section
			 337.160
			 of this Part; and
3) a statement of
			 the parties' rights during the appeal process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.160 - Abandonment of a Service Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 appellant shall be considered to have abandoned a service appeal if the
			 appellant, the appellant's authorized representative, or an individual legally
			 acting on the behalf of the appellant fails to appear at the fair hearing
			 without adequate cause, has not requested rescheduling prior to the hearing, or
			 had requested rescheduling and the request was denied (e.g., requests for
			 continuances without adequate cause). Abandonment will constitute a waiver of
			 the right to appeal. Adequate cause for failing to appear at a fair hearing
			 includes, but is not limited to:
1) death in
			 the family of the appellant or in the family of the appellant's
			 representative;
2) serious illness
			 of the appellant or the appellant's representative or serious illness in either
			 person's immediate family;
3)
			 failure of the Department to give notice of the hearing to the appellant or
			 representative at the last known address available to the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.170 - Fair Hearing Appeal Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department carries the burden of proof in showing by a preponderance of the
			 evidence that the decision made or action taken is in the best interests of the
			 child, in accordance with professional social work standards and Department
			 administrative rules.
b) The
			 appellant has the right to request a rescheduling or continuance of the hearing
			 when:
1) the appellant, his or her
			 representative, or witness is not available, and the appellant can demonstrate
			 adequate cause for the lack of availability;
2) the appellant and the agency are in the
			 process of negotiating an agreement to resolve the issue in dispute;
3) additional time is needed to respond to
			 expert evidence produced pursuant to subsection (g).
The time period from the date of request until the new hearing
				date shall not be considered as part of the 90 day time frame the Department
				has to issue and implement its final administrative decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.180 - The Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appointment of the Administrative Law
			 Judge
The Administrator of the Administrative Hearings Unit shall
				select and the Director shall appoint a trained, impartial administrative law
				judge to conduct the fair hearing. The administrative law judge:
1) shall be an attorney licensed to practice
			 law in the State of Illinois;
2)
			 shall possess knowledge and information acquired through training and/or
			 experience relevant to the field of child and family welfare law, including
			 familiarity with Department rules, procedures and functions;
3) shall not have been involved in the
			 decision to take the action being appealed or have rendered legal advice to the
			 decision-maker on the issue; and
4)
			 shall not have a personal or professional interest which interferes with
			 exercising objectivity or have any bias against the parties or issues appealed.
			 An adverse ruling, in and of itself, shall not constitute bias or conflict of
			 interest.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.190 - Record of a Fair Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The record of the fair hearing and the final administrative
				decision shall be maintained by the Administrator of the Administrative
				Hearings Unit. All final administrative decisions shall be available for public
				inspection during regular business hours. However, confidential information
				shall be deleted in accordance with 89 Ill. Adm. Code 431, Confidentiality of
				Personal Information of Persons Served by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.200 - Combined Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
When common issues are raised, the Administrator of the
				Administrative Hearings Unit may respond to requests for hearings from more
				than one appellant by conducting a single group hearing. The Administrator of
				the Administrative Hearings Unit may also combine all issues involving a single
				appellant in one hearing. Individuals shall be permitted to present their own
				cases separately. The Administrator of the Administrative Hearings Unit, if
				required for the fair and efficient administration of the hearing or to prevent
				possible prejudice to the appellant, may sever any party or any issue from the
				combined hearing. The party or issue severed from the combined hearing shall be
				heard separately. When the issue being appealed is related to whether abuse or
				neglect occurred, and the indicated finding is under appeal through 89 Ill.
				Adm. Code 336, Appeal of Child Abuse and Neglect Investigation Findings, the
				Administrator of the Administrative Hearings Unit shall decide whether to hear
				the cases jointly, separately or one ahead of the other. When considering this
				issue after reviewing the totality of the circumstances, the Administrator
				shall consider what is in the best interests of the child and rule
				accordingly.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.210 - Continuances Requested in a Combined Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrator of the Administrative Hearings Unit shall
				also consider requests for continuances by any party. The best interests of the
				child or children is the determining factor when deciding these issues. A final
				administrative decision must be made on the service appeal and implemented
				within 90 days of the date the Department received the request for the service
				appeal, extended by any delay caused or approved by an
				appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.220 - The Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of the Department may agree or disagree with or
				modify the administrative law judge's recommendation based upon what is in the
				best interests of the child, in accordance with professional social work
				standards and Department administrative rules. The Director will then issue a
				decision that will be the final administrative decision of the Department. The
				Director shall send the final administrative decision to those listed in
				Section
				337.230
				of this Part. If the decision requires corrective action by the Department, the
				Director shall appoint a Department staff person who shall be responsible for
				assuring that prompt corrective action will be taken by the Department or
				provider agency within 90 days from the date of the appeal in compliance with
				the final administrative decision. Notice of who is responsible for corrective
				action will be given to the appellants along with the final administrative
				decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.230 - Who Receives a Copy of the Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant, authorized representative of the child, the
				parent or parents, any authorized or court appointed representative as defined
				in Section
				337.60 of this
				Part, the administrative law judge, the Department's field-site office, the
				Department representative presenting the case, the Department's regional
				administrator, the Administrator of the Administrative Hearings Unit, and if
				they participate in the appeal and request it, the provider agency, guardian ad
				litem, foster parent, and purchase of service provider agencies shall receive a
				copy of the final administrative decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.240 - Notice of the Availability of Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant shall be advised that, under the provisions of
				the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, par. 3-101 et
				seq.), he or she may seek a judicial review of the Department's final
				administrative decision within the statutory time frame.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.250 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds that any Section,
				clause, phrase or provision of this Part is unconstitutional or invalid for any
				reason whatsoever, this finding shall not affect the validity of the remaining
				portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to explain the internal review
				and administrative hearing process for relative caregivers providing full-time
				care to children for whom the Department of Children and Family Services is
				legally responsible who apply for and are denied a foster family home license.
				This includes license denials based on background checks, including child
				abuse/neglect and criminal history information.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.30 - Who May Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Relative caregivers who have full-time care and custody of a related child for
			 whom the Department is legally responsible have the right to appeal the denial
			 of an application for a foster family home license.
b) If an appellant has an authorized
			 representative or an individual legally acting on the appellant's behalf, that
			 representative or individual may exercise the rights of the appellant in the
			 appeal process. These rights include the right to:
1) review and copy record material;
2) receive Department notices;
3) speak in the administrative hearing
			 process; and
4) take any other
			 actions permitted an appellant during the appeal process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.40 - What May Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
Relative caregivers providing full-time care to related
				children who have applied for a foster home license and been denied licensure
				may appeal the denial of a foster family home license.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.50 - What May Not Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
The following circumstances are not appropriate for the appeal
				process:
a) when the Department has
			 already made a final administrative decision on the issue as a result of a
			 previous appeal;
b) when a court
			 has made a judicial decision on the issue being appealed; or
c) when the appellant has not met the time
			 frame for requesting an appeal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.60 - Concurrent Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
If an appeal may be filed under either 89 Ill. Adm. Code 337,
				Service Appeal Process, or under this Part, the appeal shall be heard under
				this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.70 - Notices of Department Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Relative caregivers who apply for a foster family home license have a right to
			 receive a written notice informing them:
1)
			 whether their application for licensure is approved or denied;
2) if denied, the reason for the
			 denial;
3) of their right to appeal
			 a denial of their application; and
4) how to file an appeal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.80 - The Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
			 begin the appeal process the relative caregiver shall request in writing that
			 the Department review its decision to deny the application for license as a
			 foster family home. The request for a hearing must be postmarked within 15
			 calendar days after the date of notice of the Department's decision to deny the
			 appellant's application for a foster home license. The request must be
			 submitted to the Department staff person designated in the written
			 notice.
b) If the appellant is
			 unable to request an appeal in writing, the Department or provider agency shall
			 help the appellant put the request in writing upon request.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.90 - Internal Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the
			 Administrative Hearings Unit has received the appellant's request for an
			 appeal, the Administrator of the Administrative Hearings Unit shall notify the
			 Department that the appellant has appealed and the Department shall send to the
			 Administrator a copy of the notice of denial of the application for a foster
			 family home license. The notice of denial shall be prima facie evidence that
			 the Department had a basis for refusing to license the home.
b) The Administrator shall ask both the
			 Department and the appellant to submit any documents, records, statements, or
			 other materials pertinent to the Department's denial of the application for
			 licensure to create an appeal file. The Administrator shall further advise the
			 Department and the appellant of the intent to examine the appeal file,
			 including all materials submitted for the appeal file, to determine whether a
			 genuine issue of material fact exists. Within fifteen days after the date of
			 the Administrator's request for materials, both the Department representative
			 and the appellant shall submit to the Administrative Hearings Unit and to the
			 opposing party any and all documents, records, statements, materials, or
			 evidence to establish that the Department's decision to deny the license was
			 either correct or incorrect. Fifteen days after the Administrator's request for
			 materials, the Administrator shall then proceed to complete the internal review
			 based on the materials received.
c)
			 The Administrator shall examine the entire appeal file, including all materials
			 submitted by both parties, and shall determine if a genuine issue of material
			 fact exists.
d) If the
			 Administrator determines that no genuine issue of material fact exists, the
			 Administrator shall dismiss the appeal. The letter dismissing the appeal shall
			 be the final administrative decision of the Department.
e) If the Administrator determines that there
			 is no genuine issue of material fact as to one or more of the major issues in
			 the case but that substantial controversy exists with respect to other major
			 issues, the Administrator shall specify in writing the major issue(s) about
			 which there is no dispute. The Administrator shall direct that a hearing be
			 held only on the contested issues. At the hearing, facts specified by the
			 Administrator as without dispute shall be deemed established and the hearing
			 conducted accordingly. The Administrator shall notify the parties of the
			 matters which may be appealed.
f)
			 If the Administrator determines that all the issues are contested, the
			 Administrator shall direct that a hearing be held and notify the parties of the
			 decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.100 - The Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrator of the Administrative
			 Hearings Unit may grant a request for a hearing only when:
1) the original written request for appeal
			 was postmarked within 15 calendar days after the date of notice to the
			 appellant that the Department has denied the appellant's application for a
			 foster family home license; and
2)
			 the issue is within the jurisdiction of the Administrative Hearings Unit as set
			 forth in Sections
			 338.30 and
			 338.40 of
			 this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.110 - Rights and Responsibilities in Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appellant may bring a representative,
			 including legal counsel, to the hearing. Expenses of a representative or of an
			 appellant's witnesses shall be paid by the appellant.
b) An appellant may request the Department
			 employee who had direct involvement in the case or other persons who may have
			 information relevant to the issues in dispute to attend the hearing by asking
			 the Administrator of the Administrative Hearings Unit to issue appropriate
			 subpoenas. Witness fees and travel expenses for persons other than Department
			 employees are the responsibility of the party requesting the
			 subpoena.
c) Any motions from the
			 appellant or the Department shall be filed with the administrative law judge at
			 least ten calendar days before the hearing. Copies shall be sent to the
			 Department's representative and the appellant.
d) At the appellant's request, the Department
			 shall provide an interpreter at no cost to the appellant if English is not the
			 appellant's primary language or a sign interpreter if the appellant is hearing
			 impaired.
e) During the
			 administrative hearing, the appellant and the Department have the right to:
1) present and question witnesses;
2) present any information relevant to the
			 issues;
3) question or disprove any
			 information, including an opportunity to question opposing witnesses;
			 and
4) dispose of any disputed
			 issue by mutually agreeing to a resolution any time prior to the conclusion of
			 the administrative hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.120 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 evidence helpful in determining these questions, including oral and written
			 reports, may be relied upon to the extent of its probative value, even though
			 not competent under the common law or statutory rules of evidence.
b) All Department licensing records and
			 investigatory files shall be admissible to prove the matters contained within
			 the record or investigatory file.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.130 - The Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appointment of the Administrative Law
			 Judge
The Administrator of the Administrative Hearings Unit shall
				select and the Director shall appoint a trained, impartial administrative law
				judge from the available pool to conduct the appeal hearing. The administrative
				law judge shall:
1) possess knowledge
			 and information acquired through training and/or experience relevant to the
			 field of child and family welfare law, including familiarity with Department
			 rules, procedures and functions;
2)
			 not have been involved in the decision to take the action being appealed or
			 have rendered legal advice to the decision maker on the issue; and
3) not have a personal or professional
			 interest that interferes with exercising objectivity or have any bias against
			 the parties or issues appealed. An adverse ruling, in and of itself, shall not
			 constitute bias or conflict of interest.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.140 - Combined or Separate Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 When a common issue is raised, the Department may respond to requests for
			 hearings from more than one appellant by conducting a single group hearing. The
			 Department may also combine all issues raised by a single appellant in all
			 pending appeals arising under this or any other Department rule in a single
			 hearing. In all group hearings, the appeal system in this Part shall apply.
			 Individuals shall be permitted to present their own cases separately.
b) The Department, if required for the fair,
			 efficient administration of the hearing or to prevent possible prejudice to the
			 appellant, may sever any party or any issue from the combined hearing. The
			 severed party or issue shall be heard separately.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.150 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Making the Final Administrative Decision
The Director of the Department shall receive the recommended
				decision from the administrative law judge and shall agree, disagree, or modify
				the recommended decision based upon the preponderance of the evidence. The
				Director's decision is the final administrative decision of the Department. If
				the decision requires corrective action by the Department, the Director shall
				appoint a Department staff person who shall be responsible for assuring
				compliance with the decision.
b) Notice of the Availability of Judicial
			 Review
The Department shall include a notice to appellants as part of
				the final administrative decision. This notice shall advise the appellants
				that, under the provisions of the Administrative Review Law [735 ILCS 5 /Art.
				III], they may seek within the statutory time frame judicial review of the
				Department's decision if it is unfavorable to them.
c) Who Receives Copies of the Final
			 Administrative Decision
The appellant or authorized representative, the Department's
				Licensing Unit, the Department's representative, the administrative law judge
				(except for notices of internal review decisions), and the Administrator of the
				Administrative Hearings Unit shall receive a copy of the final administrative
				decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.160 - Records of Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The permanent record of the administrative hearing and the
				final administrative decision shall be maintained by the Administrator of the
				Administrative Hearings Unit. All hearing decisions shall be available for
				public inspection during regular business hours. However, confidential
				information shall be deleted in conformance with 89 Ill. Adm. Code 431,
				Confidentiality of Personal Information of Persons Served by the Department,
				and State and federal laws and rules and regulations on
				confidentiality.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.170 - Severability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any Court of competent jurisdiction finds that any Section,
				clause, phrase, or provision of this Part is unconstitutional or invalid for
				any reason whatsoever, this finding shall not affect the validity of the
				remaining portions of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 338 - APPEAL OF FOSTER FAMILY HOME LICENSE DENIALS BY RELATIVE CAREGIVERS › Section 338.180 - Transition Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definitions
"Approved under 89 Ill. Adm. Code 335, Relative Home Placement"
				means that a relative family home had been approved as meeting the standards of
				that Part prior to July 1, 1995.
"Child only standard of need" means the assistance standard for
				cases in which no adult member is included, as established by the Illinois
				Department of Public Aid in 89 Ill. Adm. Code 111, Assistance Standards.
"Foster care payment" means the amount paid by the Department
				for a child's room, board, clothing, and personal allowance in a licensed
				foster family home.
"Timely application for licensure" means a relative caregiver
				whose home had been approved under 89 Ill. Adm. Code 335, Relative Home
				Placement, submitted an application for a foster family home license postmarked
				no later than June 30, 1995.
b) Relative Caregivers Not Approved Under 89
			 Ill. Adm. Code 335, Relative Home Placement
Relative caregivers whose payments for the care of related
				children were reduced to the child only standard of need effective July 1,
				1995, because the Department determined the relative home was not a licensed
				foster family home and had not been approved under 89 Ill. Adm. Code 335,
				Relative Home Placement, may appeal the proposed reduction of these payments,
				as notified in a letter from the Department to the appellant on June 12, 1995.
				Requests for a hearing under this subsection must have been postmarked on or
				before July 31, 1995, as stated in the letter from the Department to the
				appellant dated June 12, 1995, and submitted to the Bureau of Administrative
				Hearings, 160 N. LaSalle Street, Sixth Floor, Chicago, Illinois 60601 in order
				for the request to be accepted. The basis of the appeal must be that the
				relative caregiver:
1) was licensed as
			 of July 1, 1995, under the provisions of 89 Ill. Adm. Code 402, Licensing
			 Standards for Foster Family Homes. If a request for a hearing submitted under
			 this subsection (b)(1) was postmarked no later than June 30, 1995, foster care
			 payments will be continued throughout the appeal process; or
2) had been approved under 89 Ill. Adm. Code
			 335, Relative Home Placement, and submitted an application for a foster family
			 home license postmarked no later than June 30, 1995, which has not been denied.
			 If a request for a hearing submitted under this subsection (b)(2) was
			 postmarked no later than June 30, 1995, foster care payments will be continued
			 throughout the appeal process, until a decision is made on the application for
			 license, or until September 30, 1995, whichever occurs first.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart A - PURPOSE, DEFINITIONS AND INTRODUCTION › Section 340.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to prescribe the requirements for
				  the annual plans for implementing the Foster Parent Law [20 ILCS 520 ]. This
				  Part also establishes the process for the approval and monitoring of the annual
				  plans.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart A - PURPOSE, DEFINITIONS AND INTRODUCTION › Section 340.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Advisory Council" means the Statewide Foster Care Advisory
				  Council established in accordance with the Statewide Foster Care Advisory
				  Council Law [20 ILCS 525 ].
"Annual plan" means a plan developed to implement the
				  requirements of the Foster Parent Law [20 ILCS 520 ].
"Child welfare team" means the persons who provide child
				  welfare services to a child under Section 5 of the Children and Family Services
				  Act [20 ILCS 505 ]. Persons on the child welfare team include the child welfare
				  worker, the child welfare supervisor, licensed foster parents, and other
				  providers identified in the client service plan.
"Department" means the Department of Children and Family
				  Services.
"Director" means the Director of the Department of Children
				  and Family Services.
"Foster parent" means a person who is licensed as a foster
				  parent under the Child Care Act of 1969 [225 ILCS 10 ].
"Foster parent grievance procedure" means a procedure
				  established by the Department or purchase of service agency to respond to and
				  resolve foster parent complaints regarding violations of the Foster Parent Law
				  that are not appealable under 89 Ill. Adm. Code 337 (Service Appeal
				  Process).
"Purchase of service agency" means a licensed child welfare
				  agency under contract with the Department to provide foster care services and
				  to supervise licensed foster parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart A - PURPOSE, DEFINITIONS AND INTRODUCTION › Section 340.30 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
The Foster Parent Law [20 ILCS 520 ] establishes public
				  policy regarding the rights and responsibilities of foster parents as an
				  essential part of the child welfare team. The Department and purchase of
				  service agencies are responsible for developing annual plans for implementation
				  of the law to insure that foster parents are provided with the information and
				  support to fulfill their responsibility to fully participate as a member of the
				  child welfare team.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart C - REQUIREMENTS FOR FOSTER PARENT ANNUAL PLAN › Section 340.60 - Content

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each Department
				region and each purchase of service agency shall prepare an annual plan for
				implementing the Foster Parent Law [20 ILCS 520 ].
b) The annual plan shall indicate how the
				Department region or purchase of service agency will address each of the foster
				parent rights and responsibilities in Sections
				340.40 and
				340.50.
c) The annual plan shall be developed with
				input from foster parents supervised by the Department region or purchase of
				service agency. The process for input shall be documented in the annual
				plan.
d) The annual plan shall
				summarize the public and foster parent comment on the annual plan and how the
				Department region or purchase of service agency responded to the comments
				received.
e) A purchase of service
				agency serving several parts of the State may submit a single annual plan if it
				includes documentation of foster parent involvement from each region and
				material that addresses the uniqueness of the programs and needs in the
				respective geographic regions.
f)
				Plans submitted shall address deficiencies noted by the Advisory Council in the
				prior annual plan.
g) Plans shall
				address implementation deficiencies related to foster parent rights and
				responsibilities noted in agency performance team compliance reports or reports
				from the Division of Quality Assurance.
h) The annual plan shall describe the
				agency's foster parent grievance procedures for addressing foster parent
				complaints regarding violations by the Department region or purchase of service
				agency of the Foster Parent Law in accordance with Section
				340.70.
				The procedures shall be developed with input from foster parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart C - REQUIREMENTS FOR FOSTER PARENT ANNUAL PLAN › Section 340.70 - Resolution of Foster Parent Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each Department region and purchase of
				service agency shall have a procedure for addressing foster parent grievances
				on violations of the Foster Parent Law that are not covered by any existing
				appeal or grievance process.
1) The procedure
				shall be developed with input from foster parents.
2) The procedure shall provide that a
				decision on the grievance shall be made no later than 30 calendar days after
				the grievance was filed.
3) The
				procedure shall identify the process for a foster parent to file a
				grievance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart C - REQUIREMENTS FOR FOSTER PARENT ANNUAL PLAN › Section 340.80 - Public Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to
				submission of the annual plan to the Department, all foster parents supervised
				by the Department region or a purchase of service agency shall be notified of
				the availability of the proposed annual plan, how to receive copies of the
				proposed plan, and where to submit comments on the proposed plan. Comments from
				foster parents and the general public shall be accepted for at least 30 days
				following the notice of availability. Notification may be by letter or through
				the Department or agency newsletter.
b) The Department region or purchase of
				service agency shall make copies of its proposed annual plan available to
				persons upon request.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart C - REQUIREMENTS FOR FOSTER PARENT ANNUAL PLAN › Section 340.90 - Annual Plan Submission

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department regions and purchase of service agencies shall submit an annual plan
				no later than November 30 of each year to the Department's Division of Foster
				Care and Permanency Services.
b) A
				minimum of two copies of the plan shall be submitted.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart D - REVIEW, APPROVAL, MONITORING AND REPORTING › Section 340.100 - Review and Approval Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall insure that appropriate staff are available to assist the
				Advisory Council in coordinating and conducting the evaluation of the Foster
				Parent Law implementation plans.
b)
				The Department shall conduct an annual training, before any plans are scored,
				for Advisory Council members about how to score plans.
c) Two members of the Advisory Council, or
				their designees, shall review annual plans within 90 days after
				submission.
d) Annual plans with an
				average rating of the three scores of 75 or more points on the rating scale
				will be recommended for acceptance by the Advisory Council.
e) The Advisory Council shall vote to accept
				or reject each annual plan. Approval or rejection will be determined by a
				majority of members of the Advisory Council present at the time of
				voting.
f) Annual plans that are
				not accepted will be returned to the Department region or purchase of service
				agency with an explanation of deficiencies and a request for a revised plan to
				be submitted to the Department's Division of Foster Care and Permanency
				Services within 45 calendar days. The revised plans will be given to the
				Advisory Council for review.
g)
				Annual plans that are determined acceptable will result in a letter being sent
				to the Department region or purchase of service agency with a list of strengths
				as determined by the Advisory Council and suggestions for improvement, if
				any.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart D - REVIEW, APPROVAL, MONITORING AND REPORTING › Section 340.110 - Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a) Implementation
				of annual plans shall be monitored by the Advisory Council, as necessary,
				through information and indicators provided by the Department, such as:
1) Written reports from agency performance
				teams; and
2) Reports containing
				information that is germane to the agency's plan from other Department units,
				such as the Division of Quality Assurance and the Advocacy Office for Children
				and Families.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart D - REVIEW, APPROVAL, MONITORING AND REPORTING › Section 340.120 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department
				regions and purchase of service agencies who have not submitted an annual plan
				by January 1 of each year shall be considered delinquent.
1) Purchase of service agencies shall be
				reported by the Advisory Council to the Deputy Director of the Division of
				Foster Care and Permanency Services, who shall report to the Office of
				Licensing and to the Director for violation of 89 Ill. Adm. Code
				401.420(g)
				 (Licensing Standards for Child Welfare
				Agencies).
2) Department regions
				shall be reported by the Advisory Council to the Director and to the Office of
				Quality Assurance for violation of the Foster Parent Law [20 ILCS 520
				].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart E - SEVERABILITY OF THIS PART › Section 340.130 - Severability of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
If any court of competent jurisdiction finds that any rule,
				  clause, phrase, or provision of this Part is unconstitutional or invalid for
				  any reason whatsoever, this finding shall not affect the validity of the
				  remaining portions of this Part.