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Department of Human Services
Michelle R.B. Saddler, Secretary
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05) Procedural Safeguards & Disputes
Policy: b) Complaints
Individuals or organizations may file written, signed complaints with the Illinois Department of Human Services (DHS) stating that a state agency, regional intake entity or provider is violating a law or rule regarding the EI program. The form Request for Investigation of State Complaint shall be used. The form must contain the facts that support the complaint. The alleged violation must have occurred not more than one year before the date the complaint is received by DHS unless a longer period is reasonable because:
The alleged violation continues for that child or other children; or
The complainant is requesting reimbursement or corrective action for a violation that occurred not more than three years before the complaint is received.
DHS shall have 60 calendar days from receipt of the complaint to investigate and issue a written decision to the complainant and interested parties, addressing each allegation in the complaint. During this time, DHS may carry out an independent on-site investigation if deemed necessary and must give the complainant an opportunity to submit additional information, either orally or in writing, about the allegations made in the complaint. Complaints must be submitted in writing to:
DHS - Bureau of Early Intervention
222 S. College, 2nd Floor
Springfield, IL 62704
A copy shall also be sent to the CFC office serving the family.
After reviewing all relevant information DHS must issue a written decision to the complainant and the subject of the complaint as to whether the agency or provider is violating a requirement of Part C, addressing each allegation in the complaint and containing findings of fact as well as conclusions, the reasons for the final decision and if the complaint was found to be valid, corrective actions required to correct the cause(s) of the complaint.
Such final decisions are enforceable and binding. They may be amended only upon agreement in writing between DHS and the organization or individual upon whom corrective actions are imposed.
Organizations or individuals upon whom corrective actions are imposed may request reasonable technical assistance or alternative corrective actions. However, such requests do not change the final decision unless it is amended in writing between DHS and the party.
The 60-day time period in subsection (b) may be extended if exceptional circumstances exist with respect to a particular complaint.
DHS shall monitor implementation of the final decision to determine that corrective actions and timelines therefore have been met.
Organizations or individuals upon whom corrective actions are imposed may be terminated from participation in programs if corrective actions are not met.
If an issue raised in a written complaint (or any Part there of) is also the subject of an administrative resolution request, the State must set aside any part that is being addressed under the administrative resolution but resolve any other issues within the 60 day timeline.
If an issue is raised in a written complaint, which has already been decided in an administrative resolution, the previous decision is binding and the complainant must be so informed.
A complaint alleging failure of a public agency, or private service provider to implement a decision made pursuant to a request for impartial administrative resolution must be resolved by the Department.
Policy: a) Procedural Safeguards
Policy: b) Complaints
Policy: c) Mediation
Policy: d) Request for Impartial Administrative Resolution
Procedure: a) Procedural Safeguards
Procedures: b) Disputes
State of Illinois
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