reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 334 - ADMINISTRATION AND FUNDING OF COMMUNITY-BASED SERVICES TO YOUTH › Section 334.13 - Community Youth Service Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bodies
			 designated by the Department as local boards or local service systems shall,
			 within 90 days of notification of such designation, submit a community youth
			 service plan to the Department and the appropriate regional youth planning
			 committee.
b) Each community youth
			 service plan shall incorporate the previously submitted competitive application
			 and also include the local board's or local service system's documentation of
			 the following requirements.
1) Service
			 constellation which contains an in-depth discussion of the services to be
			 provided in accordance with 89 Ill. Adm. Code 310 (Delivery of Youth Services
			 Funded by the Department of Human Services).
2) Demonstration of how services will be
			 organized into an integrated youth service system characterized by a continuum
			 of care. Documentation shall be developed as to how the services will achieve
			 the program goals and objectives in accord with the needs assessment and
			 available resources.
3) Procedures
			 which describe how the following functions will be carried out:
A) Crisis intervention
B) Intake/case planning
C) Service linkages
D) Case management and review
E) Provision of follow-up services
4) Plan which details a time line
			 for implementation.
5) Staffing
			 patterns and job descriptions.
6)
			 Personnel policies
7) Procedures
			 for development, award and monitoring of subcontracts.
8) Fiscal record keeping.
9) Reporting and documentation of programs
			 towards goals and objectives.
10)
			 Plan for the monitoring of working agreements.
11) Policy and procedures to protect the
			 confidentiality of clients.
12)
			 Appeal procedures for clients and subcontractors.
13) Financial development plan which ensures
			 that attempts are made to generate resources to youth from potential public and
			 private resources.
14) Affirmative
			 action plan.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 334 - ADMINISTRATION AND FUNDING OF COMMUNITY-BASED SERVICES TO YOUTH › Section 334.14 - Funding of Community-Based Youth Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Comprehensive, Community-Based
			 Service to Youth line appropriation is less than $5 million, the funds may be
			 distributed to demonstration projects and services consistent with this Part.
			 Competitive and non-competitive awards will be made pursuant to 89 Ill. Adm.
			 Code 357, Purchase of Service and 89 Ill. Adm. Code 360,
			 Grants-in-Aid.
b) When the
			 Comprehensive, Community-Based Service to Youth appropriation line is equal to
			 or exceeds $5 million, the Department shall allocate the line as follows:
1) As much as 20% of the grant funds may be
			 awarded for new program development and innovation including the provision of
			 program and resource development and support services. [20
			 ILCS 505/17a-4(b)(1) ]
Competitive and non-competitive awards will be made pursuant to
				89 Ill. Adm. Code 357 Purchase of Service.
2) At least 80% of the funds shall be
			 allocated according to a formula on a structured grant basis to Comprehensive,
			 Community-Based Youth Services programs provided by recognized local boards and
			 local service systems. [20
			 ILCS 505/17a-4(b)(2) ]
For funding of mandated services to youth eligible for
				comprehensive, community-based services in any area in which the Department has
				not recognized a local board or local service system, funds will be allocated
				pursuant to 89 Ill. Adm. Code 357 Purchase of Service and 89 Ill. Adm. Code 360
				Grants-in-Aid.
3) Each
			 local board or local service system is required to provide 10% in-kind or
			 financial match from local public or private resources. [20
			 ILCS 505/17a-4(b)(4) ]
4) No more than 20% of the local boards or
			 local service systems total award may be used for administrative purposes with
			 the remainder used for services described in the youth service plan and
			 contract.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 334 - ADMINISTRATION AND FUNDING OF COMMUNITY-BASED SERVICES TO YOUTH › Section 334.15 - Review and Monitoring of Community Youth Service Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall establish a data
			 repository which will organize the data by county to assist local boards and
			 local service systems in profiling the problems and needs of youth in their
			 service areas.
b) The Department
			 shall analyze available data for trends and correlations in order to prepare a
			 statewide youth profile which shall become part of the state wide annual plan
			 for youth services.
c) The
			 Department shall review all community youth service plans to assure compliance
			 with all requirements and the potential for achievement of all
			 objectives.
d) The final decision
			 on the approval of all plans and the award of all contracts shall be made by
			 the Secretary of the Department.
e)
			 The Department shall perform on-site monitoring with each designated local
			 board or local service system at least semi-annually. Each monitoring visit
			 shall consist of meetings with local board or local service system
			 representatives in order to:
1) View progress
			 toward objectives and compliance with all provisions of the contract with the
			 Department.
2) Discuss problems
			 encountered and steps taken to remedy them.
3) Development of corrective action plans to
			 ensure attainment of objectives and compliance with requirements.
4) View a sample of account records, time
			 sheets and contract files.
5)
			 Review a sample of case files.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 335 - RELATIVE HOME PLACEMENT › Subpart A - GENERAL PROVISIONS › Section 335.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) Relative
				caregivers who, as of July 1, 1995, were approved pursuant to approved relative
				placement rules previously promulgated by the Department of Children and Family
				Services at 89 Ill. Adm. Code 335 and had submitted an application for
				licensure as a foster family home continue to be approved and may continue to
				receive foster care payments only until the Department determines that they may
				be licensed as a foster family home or that their application for licensure is
				denied. [20
				ILCS 505/5 (u-5)]
b) This Section is automatically repealed
				after all administrative appeals on this matter have been exhausted, but in no
				event later than December 31, 1996.
Agency Note: The United States District Court for the
					 Northern District of Illinois has ruled in the case of Youakim vs. McDonald
					 that approved relative caregivers who submitted applications for licensure as a
					 foster family home by July 1, 1995 must continue to receive the full foster
					 care rate until the Department determines whether their application for
					 licensure is approved or denied. The Court ruled that the establishment of a
					 deadline was unconstitutional. Thus the deadline of September 30, 1995 has been
					 deleted.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to explain the review and
				administrative hearing process the Department guarantees to persons requesting
				to amend/expunge identifying information from or remove the record of a child
				abuse or neglect report from the State Central Register.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.30 - Written Notification of the Final Finding in Child Abuse and Neglect Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 State Central Register shall provide a written notification of the final
			 finding determination of each child abuse and neglect investigation. The
			 written notification that is sent to persons who are indicated for child abuse
			 or neglect shall include, but not be limited to, the following:
1) a specific statement that the person has
			 been indicated for child abuse;
2)
			 the name of the perpetrator indicated for child abuse or neglect;
3) the allegations determined to be
			 indicated;
4) the length of time
			 the indicated finding shall be retained in the State Central Register;
			 and
5) an explanation of how to
			 request an administrative appeal of the Department's indicated finding and the
			 address or facsimile number where the written request for an administrative
			 appeal must be sent. The explanation shall specify that the request:
A) must be in writing; and
B) must be postmarked within 60 days after
			 the date of the official notification letter, except when the person indicated
			 for child abuse or neglect has a case pending in any criminal or juvenile court
			 concerning the same set of facts as the indicated final finding.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.50 - Who May Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Any person or agency who has been named as a perpetrator in an
				indicated or unfounded report of child abuse or neglect has the right to appeal
				any of the actions or inactions listed in Section
				336.60
				of this Part. The appeal may be filed by:
a) the appellant personally;
b) the appellant's authorized representative
			 or attorney;
c) the parent or legal
			 guardian who appeals on behalf of a child who has been named as a perpetrator
			 in an indicated report; or
d) an
			 individual legally acting on a person's behalf. If the appeal is filed by an
			 individual legally acting on a person's behalf, the individual must provide a
			 certified copy of the court order authorizing the individual to act on behalf
			 of the appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.60 - What May Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
The following issues may be appealed through an administrative
				appeal:
a) an indicated finding of
			 child abuse or neglect, with the exception that there is no right to an appeal
			 on the ground of the report's inaccuracy if there is a court finding of child
			 abuse or neglect or a criminal finding of guilt as to the perpetrator
			 concerning the circumstances that gave rise to the indicated report;
b) failure to remove an unfounded report of
			 child abuse or neglect from the State Central Register involving any of the
			 situations described in this subsection (b). The criteria in this subsection
			 apply unless the unfounded report is being retained longer as an intentionally
			 false report at the unfounded perpetrator's request.
1) The death of a child, the sexual abuse of
			 a child, or serious physical injury to a child after the passage of three years
			 from the date the final finding is entered into the State Central
			 Register;
2) Any allegation other
			 than death, sexual abuse or serious physical injury of a child after the
			 passage of 12 months from the date the final finding is entered into the State
			 Central Register; or
3) Whenever a
			 subsequent report is received concerning a perpetrator of an existing unfounded
			 report and the unfounded report is retained longer than 12 months after the
			 conclusion of the subsequent report.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.70 - Appearance/Authorization to Represent

Current through Register Vol. 48, No. 28, July 12, 2024
a) During
			 the appeal, parties may represent themselves or may be represented by an
			 Authorized Representative.
b) No
			 person shall be allowed to act as an Authorized Representative in any matter
			 before the Administrative Hearings Unit without first filing a written
			 authorization with the Administrative Hearings Unit. The authorization shall be
			 effective only for the particular matter in which it is filed, unless the
			 matter has been consolidated with other proceedings by order of the Chief
			 Administrative Law Judge or the assigned Administrative Law Judge.
c) No particular form is required to file a
			 written authorization for representation. However, all authorizations filed
			 with the Administrative Hearings Unit shall be notarized, signed by the
			 appellant and Authorized Representative, and identify:
1) the name, address, and phone number of the
			 party represented;
2) the name,
			 address, and phone number of the authorized representative; and
3) the appeal in which representation is
			 authorized.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.80 - How to Request an Administrative Appeal Hearing/Sufficiency

Current through Register Vol. 48, No. 28, July 12, 2024
After the Department has indicated a report and issued a notice
				of the final finding determination and the right to an administrative hearing,
				the perpetrator named in the notification may appeal by filing a timely and
				sufficient written Request for Appeal with the Administrative Hearings Unit
				(AHU). The request must be filed in person, mailed, faxed or delivered by a
				third-party commercial carrier to the AHU address or fax number within 60 days
				after the notification sent by the State Central Register (SCR); however, the
				60 days is tolled for those exceptions in subsection (e). Upon receipt of a
				timely request for a regular appeal, the Department shall send the appellant,
				prior to the scheduled pre-hearing, a copy of the investigative file from which
				confidential information has been deleted in accordance with 89 Ill. Adm. Code
				431.
a) For purposes of determining
			 timeliness, an appeal shall be deemed filed:
1) as of the date of the postmark;
2) as of the date of receipt by the AHU, if
			 the appeal was filed in person at the AHU office; or
3) the date the appeal was received by
			 electronic facsimile transmission at the AHU office or the date of electronic
			 filing (email), when available.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.85 - Expedited Administrative Appeals for Child Care Workers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child care workers who are the subject of
			 a Department finding that an allegation of child abuse and/or neglect is
			 indicated may request from the Department's Administrative Hearings Unit an
			 expedited appeal. The written request for an appeal must specifically state
			 that an expedited appeal is being requested. The Department may request that an
			 appellant requesting an expedited appeal provide documentation to confirm his
			 or her status as a child care worker. Any time expended for the request, review
			 and determination by the Chief ALJ as to the appellant's status as a child care
			 worker shall not be attributed to the Department.
b) Within seven calendar days after AHU's
			 receipt of the request for an expedited appeal, the Department will set
			 pre-hearing and hearing dates and send the appellant and his or her
			 representative a notice by certified mail of the dates, along with a copy of
			 the investigative file.
c) The
			 pre-hearing date will be set within 14 calendar days after receipt of the
			 request for expedited appeal. The parties should be prepared to have the
			 Department issue any subpoenas after the conclusion of the pre-hearing
			 conference.
d) The hearing date
			 will be set within seven calendar days after the pre-hearing conference and
			 within 21 calendar days after receipt of the request for expedited appeal. The
			 Department will set aside two consecutive days for the administrative
			 hearing.
e) If the appellant in an
			 expedited appeal requests any extension of time that is in excess of seven
			 calendar days, the appeal shall automatically be converted from an expedited
			 appeal to a regular appeal under Section
			 336.80.
f) The ALJ will provide the Director with a
			 recommended decision within 7 calendar days after completion of the expedited
			 appeal hearing.
g) The Director
			 will issue a final administrative decision within seven calendar days after
			 receipt of the ALJ's recommended decision and the Director's decision will be
			 sent to the appellant and his or her representative by certified mail within 35
			 calendar days after the date on which the expedited appeal request was
			 received.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.90 - Confidentiality During the Expungement 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, in accordance with 89 Ill.
			 Adm. Code 431 (Confidentiality of Personal Information of Persons Served by the
			 Department of Children and Family Services) and the Adoption Assistance and
			 Child Welfare Act of 1980 (
			 42 USC
			 671(a)(8) ). Confidentiality
			 shall be preserved throughout the administrative hearing, the transmittal of
			 the ALJ's recommendation to the Director and the release of the final
			 administrative decision. All parties shall be advised of the Department's duty
			 to protect confidentiality during the administrative appeal.
b) The ALJ has the right to exclude any
			 individual or agency that does not have the right of access to the information
			 being presented in accordance with the federal Adoption Assistance and Child
			 Welfare Act of 1980, the Children and Family Services Act, ANCRA, and any other
			 pertinent Act.
c) The ALJ has the
			 authority to bifurcate the hearing into separate segments that deal with issues
			 of 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.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.105 - The Administrative Appeal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The administrative appeal hearing shall consist of a
				pre-hearing conference and a hearing date during which testimony is taken and
				evidence is received. The appellant or the appellant's authorized
				representative shall be prepared to participate at all pre-hearing conferences
				and hearings. Hearings shall be recorded; however, any party wishing to have
				the proceedings recorded by a certified court reporter may do so at the party's
				own expense.
a) Pre-Hearing Conference
The pre-hearing conference shall be convened by telephone
				unless the ALJ and the parties agree that the pre-hearing conference shall be
				held in person. The ALJ shall place all telephone calls. The cost of telephone
				calls will be borne by the Department. The AHU shall arrange for the appellant
				to use a telephone at a Department Field Office if the appellant has previously
				notified the Department that he/she does not have access to a telephone.
1) At the pre-hearing conference, the ALJ
			 shall provide the parties with standard admonishments that shall include a
			 statement of the rights of the parties and the right to have a timely hearing
			 within the applicable timeframe, as well as the setting of dates for the
			 administrative appeal hearing.
2)
			 During the pre-hearing conference, the appellant and the Department should be
			 prepared to discuss:
A) potential
			 witnesses;
B) exhibits that might
			 be offered;
C) timeframes for the
			 administrative appeal hearing;
D)
			 any potential motions that could be filed;
E) any other issues that would impact the
			 timing and length of the administrative appeal hearing, such as, but not
			 limited to, whether any of the witnesses require a special accommodation or a
			 translator; and
F) The Department's
			 legal representative and the appellant and his or her representative have an
			 affirmative duty to determine if there is, and to report to the ALJ before any
			 hearing is scheduled, any pending criminal case or juvenile court case
			 concerning the circumstances that gave rise to the indicated report.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.115 - Rights and Responsibilities During the Administrative Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rights of the
			 Minor
1)
If the minor, who is the
			 victim named in the report sought to be amended or removed from the State
			 Central Register, is the subject of a pending action under Article II of the
			 Juvenile Court Act of 1987, or the report was made while a guardian ad
			 litem
(GAL) and/or attorney
was appointed for the minor under
			 Section 2-17 of the Juvenile Court Act of 1987, then the minor shall, through
			 the minor's attorney or GAL appointed under Section 2-17 of the Juvenile Court
			 Act of 1987, have the right to participate and be heard in such
			 hearing.
[
			 325
			 ILCS 5/7.16 ]
2) The minor, through the minor's attorney
			 and/or GAL, has the right to participate and be heard during the administrative
			 appeal. "Participate" means that the attorney/GAL may submit an offer of proof
			 regarding testimony and documentary evidence not presented by the parties and
			 may ensure that proper protections are in place for clients who are called to
			 testify during the hearing. "Be heard" means the attorney/GAL may submit a
			 closing argument or position statement. The minor's attorney/GAL may request a
			 continuance only on the basis that notice, as required by Section
			 336.105(a)(3), was not provided. The minor's attorney/GAL does not thereby
			 become a party to the proceeding or have standing or intervenor status in the
			 administrative appeal proceeding, and shall not have the right to request a
			 continuance or to present, question or cross-examine witnesses.
3) Once it is identified that the subject
			 matter of the hearing concerns a minor being represented by a GAL/attorney, the
			 Department shall notify the GAL/attorney, as provided in Section 105(a)(3), and
			 shall provide the GAL/attorney a copy of the "Intent to Participate" form. The
			 GAL/attorney shall file the completed form within 5 days after receipt. Filing
			 the form shall ensure the GAL/attorney is notified of all dates regarding the
			 hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.120 - The Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appointment of the ALJ
The Chief Administrative Law Judge shall select a trained,
				impartial ALJ from the available pool to conduct the appeal hearing. The ALJ
				shall:
1) be an attorney licensed to
			 practice law in the State of Illinois;
2) 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) 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) 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 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.130 - Consolidation and Severing Issues and Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) When common issues of fact or law are
			 raised in more than one appeal, the Chief ALJ may consolidate the appeals into
			 a single group hearing. Individuals shall be permitted to present their own
			 cases separately. Nothing in this Section shall override confidentiality
			 considerations.
b) The Chief ALJ
			 may also combine all appeals and issues involving a single appellant, whether
			 arising under this Part or any other Part, into one hearing.
c) The Chief ALJ, if required for the fair
			 and efficient administration of the administrative appeal hearing or to prevent
			 possible prejudice to the appellant, may sever any party or any issue from the
			 consolidated hearing. The party or issue severed from the consolidated hearing
			 shall be heard separately.
d) The
			 Chief ALJ shall decide the order in which to hear any appeal or issue that has
			 been severed.
e) The Chief ALJ may
			 delegate any decision under this Section to any ALJ who has been assigned to
			 hear one or more of the appeals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.140 - Exchange of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 requests for information must be in writing and sent, in advance of the
			 hearing, to the party from whom the information is sought. Any requests for
			 information from a party must be served on the party and on the AHU. A party,
			 without leave of the ALJ, may request from any other party:
1) a list of witnesses to be called at the
			 hearing; and
2) copies of all
			 documents that a party intends to present to the Administrative Law Judge at
			 the hearing. The Department does not need to send a copy of the investigative
			 file to the appellant when the Department has previously sent a copy of the
			 investigative file to the appellant pursuant to Section
			 336.80.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.150 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) No continuance
			 of a scheduled pre-hearing conference or hearing shall be granted by the ALJ to
			 any party except for good cause shown.
1)
			 Good cause includes, but is not limited to:
A)
			 sickness or death in the immediate family of the appellant, the Department's
			 legal representative or the authorized representative of the
			 appellant;
B) court or
			 administrative hearing dates scheduled prior to the issuance of the notice of
			 hearing; and
C) the unavailability
			 of a witness due to unforeseen and unavoidable circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.160 - Attendance of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant and the Department's legal representative may
				subpoena any witness identified on the witness list and any witness or
				documents discussed at the pre-hearing conference, pursuant to Section
				336.140,
				by requesting that the Chief ALJ request a subpoena within the timeframe
				ordered by the ALJ. Witness fees and travel expenses for persons other than
				Department employees are the responsibility of the party requesting the
				subpoena.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.170 - Testimony by Telephone

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
			 good cause shown, the ALJ may, on the ALJ's own motion or the motion of any
			 party, allow a witness to testify at the administrative hearing by
			 telephone.
b) It is presumed that
			 physicians and other professionals, in their professional capacity, shall be
			 permitted to testify by telephone, unless good cause is shown as to why
			 in-person testimony is necessary. For the purposes of this Part,
			 "professionals" shall include, but not be limited to, medical personnel, school
			 employees, social service and mental health staff, law enforcement personnel,
			 and child care workers. If in-person testimony is necessary, the opinion and
			 recommendation of the ALJ shall set forth that testimony by telephone was
			 disallowed and provide the basis for the decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.180 - Interpreters and Translation of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party whose language of preference is
			 not English, or who will require communication assistance, shall declare his or
			 her language of preference to the ALJ or the Department's legal representative
			 at the pre-hearing conference or at the earliest opportunity. The Department
			 shall provide an interpreter at no cost to the party.
b) At the time of the pre-hearing conference,
			 if the ALJ determines that translation of documents is necessary to the
			 conducting of a full and fair hearing, an order shall be entered directing the
			 Department to translate the relevant documents. All due diligence shall be
			 applied to the Department's translation of relevant documents. A request for
			 translation of documents shall not be considered a delay on the part of the
			 Department or the appellant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.190 - Grounds for Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief ALJ or the ALJ shall dismiss the appeal on his or her
				own motion or on the motion of any party:
a) when the issue is not regarding a child
			 abuse or neglect report as defined in 89 Ill. Adm. Code 300 (Reports of Child
			 Abuse and Neglect);
b) when there
			 is a pending juvenile court action or criminal court action involving the same
			 set of circumstances that gave rise to the indicated finding;
c) when there has been a court finding of
			 child abuse or neglect or a criminal finding of guilt as to the
			 perpetrator;
d) when the request
			 for the appeal was not received within 60 calendar days after the postmarked
			 date of the notice that the report was indicated;
e) when the request for the appeal is not
			 received within 60 calendar days following the conclusion of any criminal court
			 action in the circuit court or after adjudication in any juvenile court action
			 concerning the circumstances that give rise to the indicated finding;
f) when the appeal has been withdrawn in
			 writing;
g) when the appeal has
			 been abandoned pursuant to Section
			 336.200;
			 or
h) when the issue is not within
			 the jurisdiction of the AHU as set forth in Section
			 336.60.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.200 - Abandonment of Appeal/Default

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 AHU will declare that the Department or appellant has abandoned the appeal
			 when, during the pre-hearing conference or the hearing:
1) the Department's legal representative, the
			 appellant or the appellant's authorized representative, without good cause,
			 fails to participate after receiving written notice from the AHU and after the
			 ALJ has waited a reasonable time for the Department's legal representative,
			 appellant or appellant's authorized representative to appear; or
2) the appellant failed to notify the Chief
			 ALJ of a change of address and a notice of the administrative hearing, sent to
			 the appellant's last known address, was returned as "undeliverable",
			 "unclaimed", "refused", "moved", "no forwarding address", or for similar
			 circumstances by the US Postal Service or other third party delivery
			 service.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.210 - Record of an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The record of the administrative hearing and the final
				administrative decision shall be maintained by the AHU and includes the
				recorded proceedings, any exhibits admitted into evidence, and any offers of
				proof. All final administrative decisions shall be available to any party for
				public inspection during regular business hours. However, personal identifying
				information and other confidential information shall be deleted in accordance
				with 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons
				Served by the Department of Children and Family Services).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.220 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Final Administrative Decision
1) The Director of the Department shall issue
			 the final decision within 35 calendar days after receipt of a timely and
			 sufficient request for an expedited appeal, unless extended by action of the
			 appellant. Within the same 35 day time period, the Director shall receive and
			 accept, reject, amend or return to the AHU for further proceedings the ALJ's
			 recommendation with respect to the expedited appeal. The Director's decision is
			 the final administrative decision of the Department.
2) The Director of the Department shall issue
			 the final decision within 90 calendar days after receipt of a timely and
			 sufficient request for an appeal, unless extended by action of the appellant.
			 Within the same 90 day period, the Director shall receive and accept, reject,
			 amend or return to the AHU for further proceedings the ALJ's recommendation.
			 The 90 day time period may be extended by the actions of the appellant. The
			 Director's decision is the final administrative decision of the
			 Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 336 - APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS › Section 336.230 - 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 337 - SERVICE APPEAL PROCESS › Section 337.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs the service appeal process for child welfare
				services provided either directly or through a provider agency. Persons who may
				appeal through this process may include persons requesting or receiving
				services, and as governed by this Part, foster parents, and relative
				caregivers.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.30 - The Service Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
When the issue is the removal of a child from the home of a
				foster family or relative caregiver, the service appeal process for the
				Department of Children and Family Services consists of a fair hearing after a
				clinical placement review of the decision to remove the child pursuant to
				subsection (c). When the issue is disagreement with a Clinical Intervention for
				Placement Preservation action plan, the service appeal process consists of a
				fair hearing to review the issue pursuant to subsection (d). In all other
				cases, the service appeal process for the Department of Children and Family
				Services consists of a mediation, which is optional, and a fair hearing.
				Initiation of a service appeal does not preclude ongoing discussion between the
				parties to resolve the appealed issues. If mediation is successful, an
				agreement is drawn up, with the assistance of the mediator, and signed by the
				parties. In some instances, the issue on appeal is too immediate to await the
				final administrative decision on the action. An emergency review may be held in
				lieu of mediation on the specific issues, and an interim decision will be
				issued by the reviewer pending the fair hearing and final administrative
				decision. Mediation and emergency review is not available to any party when the
				issue is removal or change of placement of a child or disagreement with a
				service decision in a CIPP Action Plan.
a) Mediation
1) The Department shall offer mediation to an
			 appellant within 30 calendar days from the date of appeal in an attempt to
			 resolve his or her issues. The appellant may accept or reject an offer to
			 participate in mediation. No issues addressed and determined by an emergency
			 review, clinical placement review, or CIPP may be addressed in mediation. If
			 mediation is successful, an agreement is drawn up, with assistance by the
			 mediator, and signed by the parties. This constitutes a resolution of the fair
			 hearing, but the appellant may reinstate the request for hearing if the
			 agreement is violated.
2) If the
			 dispute is not resolved in mediation, or if the appellant rejects the mediation
			 agreement and the Department receives written notice of this rejection at least
			 15 calendar days after the mediation session, the appellant may then proceed to
			 the fair hearing.
3) The individual
			 conducting the mediation shall be trained as a mediator and shall have no prior
			 involvement in the case.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.40 - Department and Provider Agency Responsibilities on Appealable Issues

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.50 - The Right to a Service Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department or provider agency shall
			 provide clear written instructions on how to request an appeal. These
			 instructions shall be provided to children and families when the commencement
			 or denial of services occurs, during the intake assessment period, when a
			 decision has been made to change services, during the administrative case
			 review, and at any time services are requested and denied. Instructions shall
			 be provided to foster parents and relative caregivers upon placement of a
			 child, when services are requested and denied or a decision has been made to
			 change services or upon the decision on the placement of a child made as a
			 result of a clinical placement review.
b) Information and instructions regarding the
			 appeal shall be provided in writing in the appellant's primary
			 language.
c) 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.
d) The appeal may be filed
			 by the appellant or his or her authorized representative.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.60 - Who May Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 following persons may appeal decisions made by or on behalf of the Department
			 in accordance with Section
			 337.70 of
			 this Part:
1) families and children who
			 receive child welfare services, either directly from the Department or through
			 its provider agency;
2) families
			 and children requesting child welfare services from the Department;
			 or
3) foster parents or relative
			 caregivers who have care and custody of a child for whom the Department is
			 legally responsible.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.70 - What May Be Appealed

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.80 - What May Not Be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrator of the Administrative Hearings Unit will
				decide whether an issue is appropriate for fair hearing pursuant to Section
				337.70.
				Issues inappropriate for a fair hearing include, but are not limited to:
a) When the sole issue is one of State or
			 federal law regulating the automatic adjustment of services for classes of
			 children and families;
b) When the
			 Department has already made a final administrative decision on the issue as a
			 result of a previous appeal;
c)
			 When the issue is not a service issue as defined in 89 Ill. Adm. Code 302
			 (Services Delivered by the Department), 89 Ill. Adm. Code 304 (Access to and
			 Eligibility for Child Welfare Services), 89 Ill. Adm. Code 315 (Permanency
			 Planning), 89 Ill. Adm. Code 316 (Administrative Case Reviews and Court
			 Hearings), and 89 Ill. Adm. Code 359 (Authorized Child Care Payment). These
			 issues are to be appealed through a different appeal and administrative hearing
			 process, as identified in 89 Ill. Adm. Code 435 (Administrative Appeals and
			 Hearings);
d) When the issue
			 involves a service that the child does not currently need, but may potentially
			 be needed by the child at some future time;
e) When the issue regards only the Medical
			 Assistance Program under Title XIX of the Social Security Act (
			 42 USC 1396
			 et seq.). Appeal requests regarding Title XIX services
			 should be sent to the Department of Healthcare and Family Services;
f) When 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.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 337 - SERVICE APPEAL PROCESS › Section 337.90 - Notices of Department or Provider Agency Decisions

Current through Register Vol. 48, No. 28, July 12, 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.