WAG 06-16-01: Client Rights

PM 06-16-01

When developing or revising the client's IL444-4003 Responsibility and Services Plan, always assess the need for and availability of child care.  Provide the client with information about child care assistance.  Encourage a client who has child care to have a back-up child care plan and to change providers when needed.

If a client applying for TANF does not have needed child care, refer them to the CCR&R Agency or a Site Administered Provider (a licensed center under contract with DHS).  If a client receiving TANF does not have needed child care, refer them to the CCR&R Agency or a Site Administered Provider.  Use the IL444-2151 Referral Form, and include the local CCR&R Agency's or Site Administered Provider's telephone number and the statewide toll-free CCR&R Agency referral number.

If the client cannot obtain appropriate child care, the client has good cause for noncooperation with the Activity Requirement (see PM 03-13-03).  If the client does not contact the CCR&R Agency, Site Administered provider, or refuses appropriate child care, they do not have good cause.

The client may explain or present evidence to show why they think an available child care arrangement is not appropriate.  If the arrangement fails to meet any one of the criteria in PM 06-16-01, it is not appropriate.  Accept the client's statement and any other evidence that available child care is not appropriate, if it agrees with known facts.  However, good cause exists only if all available child care arrangements are not appropriate.

The client has a right to appeal decisions about their child care assistance.  They can appeal the denial or cancellation of benefits, the copayment amount, the payment amount or nonpayment of a child care subsidy, or any other decision of the CCR&R Agency or Site Administered Provider.

Contact the Bureau of Child Care and Development (BCCD) regarding a child care appeal.  The address is:

Bureau of Child Care and Development
Attention Child Care Assistance Program Appeals Coordinator
100 South Grand Avenue East, 2nd Floor
Springfield, IL 62762
Telephone: 217-785-2559

The appeal process for assistance and non-assistance clients is as follows (also see PM 01-07-00).

1. (Client) May ask for a written explanation if they disagree with a child care decision.
   1. For a CCR&R Agency, contacts the CCR&R Agency managing the Child Care Assistance Program (CCAP) case.
   2. For a Site Administered Provider decision, contacts the Bureau of Child Care and Development (BCCD).
2. (Client) May file a notice of appeal, whether or not they ask for a written explanation.
   1. Files the appeal by:
      • calling the DHS toll-free number (1-800-435-0774) or
      • sending a written appeal by facsimile (fax), mail, or in person.
   2. May file a written appeal with:
      • the Family and Community Resource Center serving the client,
      • the DHS Bureau of Assistance Hearings (BAH),
      • the CCR&R Agency, or
      • the DHS Bureau of Child Care and Development (BCCD).
   3. (FCRC/BCCD/CCR&R Agency) Date-stamp the appeal and forward it to BAH within 48 hours.  Attach the postmarked envelope, if the request was mailed to the office, or the transmittal sheet, if it was faxed.  Make a copy before sending the request to BAH.
   4. (FCRC/CCR&R Agency) Notify BCCD that an appeal has been filed.
3. (BAH) If BCCD did not send in the appeal request, immediately sends a copy of the request to BCCD.  For TANF cases, also sends copy to FCRC.
4. (BAH) Schedules the hearing, allowing BCCD at least 2 weeks to review the case and gather the required information and evidence.
5. (BCCD) Obtains the evidence and facts of the case from the CCR&R Agency or the Site Administered Provider.
6. (BCCD) Decides whether or not the decision was correct.
7. (BCCD) If incorrect, contacts the CCR&R Agency or Site Administered Provider by phone or in writing with instructions on how to correct the situation.
8. (BCCD/CCR&R/Site Administered Provider) Contacts the appellant by telephone for the pre-hearing meeting. BCCD works with the CCR&R Agency or Site Administered Provider to complete IL444-0102 Statement of Facts to send to the client explaining the results of the case review and the corrective action taken, if applicable.
9. (CCC&R/Site Administered Provider) Sends IL444-0102 Statement of Facts to the Client and a IL444-0065 Request to Withdraw Appeal. 
10. (BCCD) If appellant withdraws appeal, notifies BAH, FCRC (if applicable), and CCR&R Agency / Site Administered Provider.
11. (FCRC) If contacted by appellant before hearing, refer them to BCCD.
12. (FCRC) Provide space for appeal hearing, if requested, otherwise the hearing will be conducted by phone.  The BCCD appeals coordinator facilitates hearing arrangements.
13. (CCR&R Agency/Site Administered Child Care Provider/BCCD) Presents the Department's case at the appeal hearing by telephone.
14. (BAH) Notifies appellant, BCCD, CCR&R Agency / Site Administered Provider, and FCRC of hearing decision.
15. (BCCD) Ensures hearing decision is implemented.  Completes Implementation of IL444-1456 Appeal Decision, if needed.