Section 337.90 Notices of Department or Provider Agency Decisions

Section 337

Section 337.90  Notices of

Department or Provider Agency Decisions

a)         Required Notices

1)         Persons who may appeal, pursuant to Section 337.60, have the

right to receive a timely and adequate written notice of Department or provider

agency decisions.  This notice may be in the form of a completed service plan

provided the service plan includes, either in the case plan or through

additional documents, all of the elements required in an adequate notice

(subsection (c)).  This notice shall be provided by the entity making the

decision.  A timely and adequate written notice is required on decisions that

are appealable under Section 337.70.

2)         Notices need not be "timely" in situations in which

a child is considered to be in imminent risk of harm. In situations in which

the Department assessed a child to be in imminent risk of harm, the Department

may omit "timely written notice", but shall send adequate written

notice no later than the date of the action that shall include a statement

explaining why timely notice was not provided.

3)         Written notice shall be in the appellant's primary language.

b)         Timely Written Notices

A written notice is considered "timely" when mailed

within the following time frames:

1)         within 30 calendar days after the request for child welfare or

day care services;

2)         at least 10 calendar days before an action to reduce, suspend

or terminate services, or before implementing a critical decision in situations

in which the Department does not consider the child in imminent risk of harm;

3)         within 30 calendar days after the date the Department is given

notice of the relative's request for placement of a Department ward

e or

day care services;

2)         at least 10 calendar days before an action to reduce, suspend

or terminate services, or before implementing a critical decision in situations

in which the Department does not consider the child in imminent risk of harm;

3)         within 30 calendar days after the date the Department is given

notice of the relative's request for placement of a Department ward.

c)         A written notice is considered "adequate" when it

contains:

1)         a specific statement of the action the Department or its

provider agency intends to take;

2)         the proposed date for the intended action;

3)         the reasons and information supporting the action, and

specific rules relied upon when taking the action;

4)         a statement advising the individual of the right to appeal the

decision made by the Department or its provider agency or any part of the

service plan with which he or she may not agree;

5)         an explanation of the service appeal process available;

6)         a statement that:

A)        except

as provided in subsection (c)(6)(B), an appeal of a decision made by the

Department or its provider agency must be requested in writing within 45

calendar days after the date of notice; and

B)        an

appeal of a final decision of a clinical placement review must be requested in

writing within 10 days from the clinical placement review decision (see Section

337.30(c));

7)         a statement that:

A)        except as provided in subsection (c)(7)(B), services will

continue unchanged, unless the child is determined to be in imminent risk of

harm if services continue unchanged, if an appeal of the decision made by the

Department or its provider agency is requested within 10 calendar days after

the date of notice; and

B)        for an appeal taken from the final decision of a clinical

placement review, the child shall be placed in accordance with that decision

during the pendency of the appeal (see Section 337.30(c));

8)         if the issue is subject to emergen

ged, if an appeal of the decision made by the

Department or its provider agency is requested within 10 calendar days after

the date of notice; and

B)        for an appeal taken from the final decision of a clinical

placement review, the child shall be placed in accordance with that decision

during the pendency of the appeal (see Section 337.30(c));

8)         if the issue is subject to emergency review, a statement

advising the individual that an emergency review is available upon request;

9)         the name and address of the individual who must be contacted

in order to request an appeal of the decision;

10)         a statement that the individual may have a lawyer, or other

representative, witnesses, or other individuals having knowledge of the issues

in dispute, present throughout the appeal process; and

11)         a statement informing the individual that he or she may submit

a brief, written summary that may include additional information for

consideration as to why the Department or provider agency should change its

decision.

d)         Delivery of Notices

Notices shall be:

1)         hand delivered with a certificate of delivery signed by the

appellant or representative; or

2)         sent certified or registered mail to the parties or their

agents appointed to receive service of process in accordance with the

requirements of the Illinois Administrative Procedure Act [5 ILCS 100/10-25].