Effective Date: 09/04/02
Revised 01/01/13; 6/10/13; 7/16/15
Reference: 89 Ill. Adm. Code, Chapter IV, §50.110
Persons receiving child care services can request hearings, as provided at 89 Ill. Adm. Code 104, Subpart A, as appropriate, on issues concerning the appropriateness of, denial of, prompt issuance of, or intended actions to discontinue, terminate, suspend, or reduce child care assistance.
Assistance under this Part will not be continued at the previous level pending a hearing.
- All applicants for or recipients of child care assistance have the right to appeal unfavorable decisions made about their child care case by CCR&R staff or Site Administered providers. Issues that can be appealed include, but are not limited to, the denial or cancellation of benefits, the copayment amount, the payment amount or non-payment of a child care subsidy, or any other unfavorable decision.
- Appeals must be filed within 60 days. The 60-day period begins the day after the unfavorable notice is signed and mailed.
- The client may file an appeal by:
- calling the Department's toll-free number (800/435-0774) or
- sending a written appeal either by fax, mail, or in person to
- IDHS local office serving the client,
- IDHS Bureau of Assistance Hearings (BAH),
- CCR&R serving the client, or
- IDHS Bureau of Child Care and Development (BCCD).
- If a client wishes to file an appeal:
- Either the child care specialist or their supervisor must explain how the child care specialist came to that decision.
- Explain the appeal process, and
- Send the client a Notice of Appeal (IL444-0103 - Notice of Appeal (Cash Assistance, Medical Assistance, SNAP, Child Care) (pdf)) for additional instructions for filing the appeal.
- Notification of Scheduled Appeal
The Bureau of Assistance Hearings (BAH) may schedule multiple child care appeals at the same time of day. Due to this fact, the representative from the CCR&R or Springfield BCCD must be available ALL DAY on the date of the hearing. The Bureau of Assistance Hearings is required to hear the appeal if the client shows up any time on the date the hearing is scheduled. The representative does not need to attend the hearing in person but must be available by telephone.
- BAH will notify the appropriate CCR&R or Springfield BCCD of each scheduled appeal by faxing an Appeal Notification form. BCCD will notify Site Administered providers of hearings involving them.
- Staff must attempt to resolve the issue locally prior to the due date.
- If the issue is resolved:
- Notify the appeals coordinator at 217/785-2559 or email DHS.CC-APPEALS@illinois.gov, and
- Send the client a withdrawal form to complete and submit to the Bureau of Assistance Hearings.
- If the issue is not resolved, forward the following documents to the Appeal Coordinator:
- The completed Appeal Notification form,
- The original application, and
- Legible copies of all information in the case record for the last six months. Do not send the entire case record. Put the material in chronological order and mail to:
IDHS Child Care & Development
ATTN: CCAP Appeals Coordinator
100 South Grand Avenue East, 2nd floor
Springfield, IL 62762-0002
- After there has been resolution of the appeal, implement the decision of the hearing officer immediately.
- When the Department has jurisdiction, the Final Hearing Decision will either uphold or not uphold the Department's action based only on the information available at the time the action was taken. The Final Hearing Decision often does not use the words "upheld" or "not upheld". Read the decision carefully and follow the directions in the decision.
- When implementing any decision, take into account applicable changes in the case that have happened since the original action was taken.
- Put the hearing decision into effect within 10 calendar days after the date the decision is received.
- The Appeals Coordinator must complete an Implementation of Appeal Decision (Form 1456) when the Final Administrative Decision directs an action. Form 1456 must show all steps taken and the dates actions were taken.
NOTE: Do not complete Form 1456 if all directions on the Final Administrative Decision uphold the Department's action without ordering a new determination and/or dismiss for want of jurisdiction.
- Send original Form 1456 to Bureau of Assistance Hearings with required attachments. Scan a copy of the completed and signed Form 1456 into the CCMS case record.
- Providers can only appeal decisions made about child care payments that cannot be honored according to IDHS policy. An example of this would be if the child care case was denied and the provider wanted to be paid for the care already provided.
- Providers must file appeals on decisions about child care payments with the Illinois Court of Claims.
- If the decision is not about a payment issue, explain to the provider that the client must initiate the appeal process.
- If a provider wants to file an appeal:
- Explain that they can only appeal decisions made about actual payments,
- Explain how the decision they want to appeal was made, and
- Send the provider an Illinois Court of Claims Lapsed Appropriation Form (CC88).