Section 337.70 What May Be Appealed

Section 337

Section 337.70  What May Be

Appealed

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.

b)         By Foster Parents and Relative Caregivers

1)         Foster parents may appeal the following issues:

A)        decisions made by the Department or its provider agency that

directly affect the foster parent, such as payment issues, as defined in 89

Ill. Adm

ange in the placement of the child; or

8)         the imposition of unnecessary services or conditions as part

of a service plan.

b)         By Foster Parents and Relative Caregivers

1)         Foster parents may appeal the following issues:

A)        decisions made by the Department or its provider agency that

directly affect the foster parent, such as payment issues, as defined in 89

Ill. Adm. Code 359 (Authorized Child Care Payments);

B)        decisions made by the Department or its provider agency regarding

services provided for the benefit of foster children in their care, such as day

care, medical, educational, and psychological services;

C)        failure to provide services as specified in the service plan

for the benefit of the foster children in their care.  This does not include

services provided to the biological family, such as family therapy or family

counseling; and

D)        removal of a child from the foster family home, provided that

the child has been placed in the home for at least 60 days.  This does not

include placement with the biological or adoptive parents or siblings,

placements for purposes of adoption as ordered by the court, or return to an

individual or individuals with whom the child resided prior to entering

substitute care or removal of a child at the request of the foster parents.

2)         Relative caregivers may appeal the following issues:

A)        decisions made by the Department or its provider agency that

directly affect the relative caregiver, such as payment issues as defined in 89

Ill. Adm. Code 359 (Authorized Child Care Payments);

B)        decisions made by the Department or its provider agency

regarding services provided for the benefit of foster children in their care,

such as day care, medical, educational, and psychological services;

C)        failure to provide services as specified in the service plan

for the benefit of the foster children in their care

d in 89

Ill. Adm. Code 359 (Authorized Child Care Payments);

B)        decisions made by the Department or its provider agency

regarding services provided for the benefit of foster children in their care,

such as day care, medical, educational, and psychological services;

C)        failure to provide services as specified in the service plan

for the benefit of the foster children in their care.  This does not include

services provided to the biological family, such as family therapy or family

counseling; and

D)        removal of a child from the relative caregiver's home, provided

that, for a licensed relative caregiver, the child has been placed in the home

for at least 60 days or, for an unlicensed relative caregiver, the child has

been placed in the home for at least 90 days.  This does not include placement

with the biological or adoptive parents, or siblings, placements for purposes

of adoption as ordered by the court, return to an individual or individuals

with whom the child resided prior to entering substitute care, or removal of a

child at the request of the foster parents.

3)         Foster parents and relative caregivers have the right to be

heard by the Department on issues specified in 89 Ill. Adm. Code 316

(Administrative Case Reviews and Court Hearings) and 316.90 (Decision Review)

that are not appealable under this Part.  However, they will not be considered

a party to the service appeal on issues that may affect residual parental

rights and responsibilities.  These include, but are not limited to, issues

regarding the child's return home, family visitation, the right to consent to

adoption, the right to determine the minor's religious affiliation and other

issues that do not directly affect the foster parents themselves or their roles

as caregivers of the child.  The residual rights and responsibilities of

parents are further defined in Section 1-3(13) of the Juvenile Court Act of

1987 [705 ILCS 405/1-3(13)]

ild's return home, family visitation, the right to consent to

adoption, the right to determine the minor's religious affiliation and other

issues that do not directly affect the foster parents themselves or their roles

as caregivers of the child.  The residual rights and responsibilities of

parents are further defined in Section 1-3(13) of the Juvenile Court Act of

1987 [705 ILCS 405/1-3(13)].

4)         When the foster parent or relative caregiver appeals a change

of placement, the child shall always be a party to the appeal and the child's

attorney and guardian ad litem notified of the appeal.  For all other appeals

affecting the child, the child's attorney and guardian ad litem shall be

notified.