Section 337.80 What May Not Be Appealed

Section 337

Section 337.80  What May Not

Be Appealed

The Administrator of the

Administrative Hearings Unit will decide whether an issue is appropriate for

fair hearing pursuant to Section 337.70. Issues inappropriate for a fair

hearing include, but are not limited to:

a)         When the sole issue is one of State or federal law regulating

the automatic adjustment of services for classes of children and families;

b)         When the Department has already made a final administrative

decision on the issue as a result of a previous appeal;

c)         When the issue is not a service issue as defined in 89 Ill.

Adm. Code 302 (Services Delivered by the Department), 89 Ill. Adm. Code 304

(Access to and Eligibility for Child Welfare Services), 89 Ill. Adm. Code 315

(Permanency Planning), 89 Ill. Adm. Code 316 (Administrative Case Reviews and

Court Hearings), and 89 Ill. Adm. Code 359 (Authorized Child Care Payment). These

issues are to be appealed through a different appeal and administrative hearing

process, as identified in 89 Ill. Adm. Code 435 (Administrative Appeals and

Hearings);

d)         When the issue involves a service that the child does not

currently need, but may potentially be needed by the child at some future time;

e)         When the issue regards only the Medical Assistance Program

under Title XIX of the Social Security Act (42 USC 1396 et seq.).  Appeal

requests regarding Title XIX services should be sent to the Department of Healthcare

and Family Services;

f)         When a court has made a judicial determination or issued an

order on the issue being appealed.  However, a juvenile court determination

that a current foster home placement is necessary and appropriate does not

constitute a judicial determination on the merits of a service appeal, filed by

a former foster parent, involving a change of placement decision.