Effective Date:  09/04/02

Revised 01/01/13; 6/10/13; 7/16/15, 07/01/16
Reference: 89 Ill. Adm. Code, Chapter IV, §50.110

Policy Statement:

Persons receiving child care services can request hearings, as provided at 89 Ill. Adm. Code 14, 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.

Procedures:

  1. Clients
    1. 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.
    2. Appeals must be filed within 60 days. The 60-day period begins the day after the unfavorable notice is signed and mailed.  If the sixtieth day falls on a non-workday, the parent has until the end of the next workday to request a hearing. Failure to notify the CCR&R, Site Administered Child Care Provider, or the Department before the end of the sixtieth day constitutes a waiver of the individual's right to a hearing.
    3. The client may file an appeal by:
      1. calling the Department's toll-free number (800) 435-0774) or
      2. sending a written appeal either by fax, mail, or in person to
        1. IDHS local office serving the client,
        2. IDHS Bureau of Assistance Hearings (BAH),
          1. Telephone: (800) 435-0774
          2. Fax: (312) 793-3387
          3. Email: DHS.BAH@illinois.gov
          4. Mail: Bureau of Hearings
            69 W Washington, 4th Floor
            Chicago IL 60602
        3. CCR&R serving the client, or
        4. IDHS Bureau of Child Care and Development (BCCD) for cases managed by a Site Administered Child Care Provider.
    4. If a client wishes to file an appeal:
      1. Either the Child Care Assistance Program Specialist or their CCAP Supervisor must explain how the decision (eligibility determination) was made.
      2. Explain the appeal process, and
      3. Send the client an Appeal Request Form (IL444-0103 - Notice of Appeal (Cash Assistance, Medical Assistance, SNAP, Child Care) (pdf)) for additional instructions for filing the appeal.
    5. Notification of Scheduled Hearing

      The Bureau of Assistance Hearing will give reasonable notice in writing that an appeal has been filed to the client, and the BCCD Appeals Coordinator. The Notice of Scheduled Hearing Letter will include information regarding the date of the notice, as well as the day, date and time of the scheduled hearing. Details will also include the BAH assigned Appeal number, the entity managing the client's CCAP case.

      1. BAH will notify the BCCD Appeals Coordinator of each scheduled hearing by sending a Notice of Scheduled Hearing (also referred to as the Trip Sheet).  BCCD will notify the managing CCR&R Agency or the Site Administered Provider of any assigned hearings.
      2. When an appeal is scheduled, staff must attempt to resolve the issue locally by conducting a pre-hearing meeting. This pre-hearing meeting should be scheduled ten (10) calendar days (except agency observed holidays) after BAH has notified the client that an appeal has been scheduled. The pre-hearing meeting will include the BCCD Appeals Coordinator most of the times 
      3. The CCR&R or Site Administered Child Care Provider must complete the Statement of Facts Form IL444-0102 (R-09-15) and work with the BCCD Appeals Coordinator to review case notes along with all relevant documentation. The Statement of Facts Form becomes part of CCMS case documentation. The Appeals Coordinator must have access to:
        1. The completed Appeal Request Form (IL444-0103 (R-03-16)),
        2. The original Application, related Redetermination (if applicable), 
        3. Legible copies of all material which will be reviewed at the hearing. This must include the case record for the last six months. Do not send the entire case record. Search the CCMS Document History page to identify which documents are available in CCMS.
        4. Documentation not found in the CCMS Document History page can be electronically sent via e-mail, or mailed through U.S. Postal Service. If documentation is mailed, all material must be compiled in chronological order and addressed to:
          IDHS Child Care & Development
          ATTN: CCAP Appeals Coordinator
          100 South Grand Avenue East, 2nd floor
          Springfield, IL 62762-0002
    6. Pre- Hearing Meeting Outcome:
      If the issue is resolved prior to the day of a scheduled hearing:
      1. Pre-hearing meetings held prior to the day of a scheduled hearing whereby all parties are successful in resolving the issues of an appeal the appellant must consent to withdraw the appeal. The BCCD Appeals Coordinator will send the client a Statement of Facts Form IL444-0102, and a Withdrawal Agreement Form IL444-0065. Upon receipt of the signed Withdrawal, the BCCD Appeals Coordinator will submit a copy to the BAH for removal of the scheduled hearing from the calendar.
      2. If the pre-hearing meeting does not include the BCCD Appeals Coordinator, the CCR&R or Site Administered Child Care Provider must notify the Appeals Coordinator at the following email address: DHS.CC-APPEALS@illinois.gov or telephone number: (217) 785-2559. The CCR&R or Site Administered Child Care Provider must send the client the Statement of Facts Form IL444-0102, and an Appeal Withdrawal Agreement (IL444-0065 (R-03-16)) to complete. Upon receipt of a completed and signed Appeal Withdrawal Agreement from the client, associate the document with the case through CCMS upload or Work Item. (Sites without access to CCMS must contact the Appeals Coordinator). The CCR&R or Site Administered Child Care Provider must inform the BCCD Appeals Coordinator upon receipt of the completed documentation.  The BCCD Appeals Coordinator will submit documentation to the BAH.
      3. If the issue is not resolved prior to the day of a scheduled hearing, the BCCD Appeals Coordinator should ensure that the Statement of Facts Form is mailed to client so that it is received at least two (2) days prior to the scheduled hearing date. The Appeals Coordinator must have access to:
        1. The completed Appeal Request Form (IL444-0103 (R-03-16)),
        2. The original Application, related Redetermination (if applicable), 
        3. Legible copies of all material which will be reviewed at the hearing. This must include the case record for the last six months. It is not necessary to include the entire case record. Determine and identify which documents are available in CCMS, and
        4. All relevant documentation must be compiled in chronological order if sending by mail to:
          IDHS Child Care & Development
          ATTN: CCAP Appeals Coordinator
          100 South Grand Avenue East, 2nd floor
          Springfield, IL 62762-0002
    7. Following the Conduct of Hearings
      Following all telephonic hearings any additional documentation considered during the hearing (referred to as exhibits) must be submitted within 48 hours. Documents can be submitted to the Hearing Officer or the BCCD Appeals Coordinator.
    8. Final Administrative Decision
      Following the resolution of the appeal, the Department is responsible for implementing the decision of the Final Administrative Decision immediately.
      1. 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 Administrative Decision often does not use the words "upheld" or "not upheld". Read the decision carefully and follow the directions in the Decision.
        1. The Department shall issue and implement a Final Administrative Decision within 90 days after receipt of a notice of appeal and request for a hearing, unless additional time is required and allowed by the program's rules for a proper disposition of the appeal. This time period shall be extended by any delay in the hearing process caused by the appellant.
        2. A Final Administrative Decision, released by the Department, is reviewable only through the Circuit Courts of the State of Illinois. After a Final Administrative Decision is released, no petition for rehearing or reconsideration is allowed. Neither the filing of any such motion, or correspondence in the nature of such a motion, nor any response by the Department to such correspondence or motion will delay the time for filing of a complaint in the Circuit Court.
          1. When implementing any decision, take into account applicable changes in the case that have happened since the original action was taken,
          2. Put the hearing decision into effect within 10 calendar days after the date the decision is received,
          3. The Appeals Coordinator must complete an Implementation of Appeal Decision (Form IL444-1456) when the Final Administrative Decision directs an action. Form IL444-1456 must show all steps taken and the dates actions were taken. NOTE: Do not complete Form IL444-1456 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, and
          4. Send original Form IL444-1456 to Bureau of Assistance Hearings with required attachments. Scan a copy of the completed and signed Form IL444-1456 into the CCMS case record.
  2. Providers
    1. 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.
    2. Providers must file appeals on decisions about child care payments with the Illinois Court of Claims.
    3. If the decision is not about a payment issue, explain to the provider that the client must initiate the appeal process.
    4. If a provider wants to file an appeal:
      1. Explain that they can only appeal decisions made about actual payments,
      2. Explain how the decision they want to appeal was made, and
      3. Send the provider an Illinois Court of Claims Lapsed Appropriation Form (CC88).