# 89 Ill. Adm. Code 337.90: Section 337.90 Notices of Department or Provider Agency Decisions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_90

## Section

- **Citation:** 89 Ill. Adm. Code 337.90
- **Heading:** Section 337.90 Notices of Department or Provider Agency Decisions
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES / Part 337 SERVICE APPEAL PROCESS / Section 337.90 Notices of Department or Provider Agency Decisions

## Text

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].

## Nearby sections

- [89 Ill. Adm. Code 337.10 Section 337.10  Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_10.md)
- [89 Ill. Adm. Code 337.30 Section 337.30  The Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_30.md)
- [89 Ill. Adm. Code 337.40 Section 337.40  Department and Provider Agency Responsibilities on Appealable Issues](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_40.md)
- [89 Ill. Adm. Code 337.50 Section 337.50  The Right to a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_50.md)
- [89 Ill. Adm. Code 337.60 Section 337.60  Who May Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_60.md)
- [89 Ill. Adm. Code 337.70 Section 337.70  What May Be Appealed](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_70.md)
- [89 Ill. Adm. Code 337.80 Section 337.80  What May Not Be Appealed](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_80.md)
- [89 Ill. Adm. Code 337.90 Section 337.90  Notices of Department or Provider Agency Decisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_90.md)
- [89 Ill. Adm. Code 337.100 Section 337.100  How to Request a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_100.md)
- [89 Ill. Adm. Code 337.110 Section 337.110  Grounds for Dismissal of a Service Appeal Request](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_110.md)
- [89 Ill. Adm. Code 337.120 Section 337.120  Time Frames for the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_120.md)
- [89 Ill. Adm. Code 337.130 Section 337.130  Continuing Services During the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_130.md)
- [89 Ill. Adm. Code 337.140 Section 337.140  Confidentiality During the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_140.md)
- [89 Ill. Adm. Code 337.150 Section 337.150  Notice Concerning a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_150.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_90. Check the current official text before relying on it. Not legal advice.