Illinois Administrative Code

Section 336.190 Grounds for Dismissal The Chief ALJ or the ALJ shall dismiss the appeal on his or her own motion or on the motion of any party: a) when the issue is not regarding a child abuse or neglect report as defined in 89 Ill. Adm. Code 300 (Reports of Child Abuse and Negle…

Section 336.20 Definitions "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: inflicts, causes to be inflicted, or …

Section 336.200 Abandonment of Appeal/Default a) The AHU will declare that the Department or appellant has abandoned the appeal when, during the pre-hearing conference or the hearing: 1) the Department's legal representative, the appellant or the appellant's authorized representa…

Section 336.210 Record of an Administrative Hearing The record of the administrative hearing and the final administrative decision shall be maintained by the AHU and includes the recorded proceedings, any exhibits admitted into evidence, and any offers of proof. All final adminis…

Section 336.220 Final Administrative Decision a) The Final Administrative Decision 1) The Director of the Department shall issue the final decision within 35 calendar days after receipt of a timely and sufficient request for an expedited appeal, unless extended by action of the a…

Section 336.230 Severability of This Part If any court of competent jurisdiction finds that any Section, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of thi…

Section 336.30 Written Notification of the Final Finding in Child Abuse and Neglect Investigations a) The State Central Register shall provide a written notification of the final finding determination of each child abuse and neglect investigation. The written notification that is…

Section 336.40 Notice of the Right to Appeal and Receive an Administrative Hearing (Repealed) (Source: Repealed at 41 Ill. Reg. 15260, effective December 6, 2017)

Section 336.50 Who May Appeal Any person or agency who has been named as a perpetrator in an indicated or unfounded report of child abuse or neglect has the right to appeal any of the actions or inactions listed in Section 336.60 of this Part. The appeal may be filed by: a) the a…

Section 336.60 What May Be Appealed The following issues may be appealed through an administrative appeal: a) an indicated finding of child abuse or neglect, with the exception that there is no right to an appeal on the ground of the report's inaccuracy if there is a court findin…

Section 336.70 Appearance/Authorization to Represent a) During the appeal, parties may represent themselves or may be represented by an Authorized Representative. b) No person shall be allowed to act as an Authorized Representative in any matter before the Administrative Hearings…

Section 336.80 How to Request an Administrative Appeal Hearing/Sufficiency After the Department has indicated a report and issued a notice of the final finding determination and the right to an administrative hearing, the perpetrator named in the notification may appeal by filing…

Section 336.85 Expedited Administrative Appeals for Child Care Workers a) Child care workers who are the subject of a Department finding that an allegation of child abuse and/or neglect is indicated may request from the Department's Administrative Hearings Unit an expedited appea…

Section 336.90 Confidentiality During the Expungement Process a) The Department has an affirmative duty to protect the confidentiality of personal information, in accordance with 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons Served by the Department of…

Section 337.10 Purpose This Part governs the service appeal process for child welfare services provided either directly or through a provider agency. Persons who may appeal through this process may include persons requesting or receiving services, and as governed by this Part, fo…

Section 337.100 How to Request a Service Appeal a) The appellant shall request a service appeal in writing within 45 calendar days after the date of notice unless the issue is the removal of a child or change of placement, then the appellant shall request a service appeal within …

Section 337.110 Grounds for Dismissal of a Service Appeal Request a) The Administrator of the Administrative Hearings Unit shall dismiss a request for a service appeal for the following reasons: 1) the appellant failed to request an appeal within the time frames allowed. However,…

Section 337.120 Time Frames for the Service Appeal Process The appeal process shall begin on the date of appeal as defined in Section 337.20 of this Part. The Department shall give the appellant an opportunity to attend a mediation within 30 calendar days from the date of appeal …

Section 337.130 Continuing Services During the Service Appeal Process When an appellant requests a service appeal within the 10 calendar days following the date of notice of the action to be taken, the Department or its provider agency shall continue to provide services unchanged…

Section 337.140 Confidentiality During the Service Appeal Process a) The Department has an affirmative duty to protect the confidentiality of personal information of clients served by the Department, in accordance with 89 Ill. Adm. Code 431, Confidentiality of Personal Informatio…

Section 337.150 Notice Concerning a Service Appeal The following persons shall receive notice that an appeal request has been granted and the date, time and place of the initial service appeal proceeding: the child (if age 13 or over and residing in substitute care), the family, …

Section 337.160 Abandonment of a Service Appeal a) An appellant shall be considered to have abandoned a service appeal if the appellant, the appellant's authorized representative, or an individual legally acting on the behalf of the appellant fails to appear at the fair hearing w…

Section 337.170 Fair Hearing Appeal Rights a) The Department carries the burden of proof in showing by a preponderance of the evidence that the decision made or action taken is in the best interests of the child, in accordance with professional social work standards and Departmen…

Section 337.180 The Administrative Law Judge a) Appointment of the Administrative Law Judge The Administrator of the Administrative Hearings Unit shall select and the Director shall appoint a trained, impartial administrative law judge to conduct the fair hearing. The administrat…

Section 337.190 Record of a Fair Hearing The record of the fair hearing and the final administrative decision shall be maintained by the Administrator of the Administrative Hearings Unit. All final administrative decisions shall be available for public inspection during regular b…

Section 337.20 Definitions "Adequate notice" means a notice that contains all of the elements identified in Section 337.90(c) of this Part. "Administrative Hearings Unit" means the Department's unit responsible for receiving requests for and acting upon a service appeal and condu…

Section 337.200 Combined Hearings When common issues are raised, the Administrator of the Administrative Hearings Unit may respond to requests for hearings from more than one appellant by conducting a single group hearing. The Administrator of the Administrative Hearings Unit may…

Section 337.210 Continuances Requested in a Combined Hearing The Administrator of the Administrative Hearings Unit shall also consider requests for continuances by any party. The best interests of the child or children is the determining factor when deciding these issues. A final…

Section 337.220 The Final Administrative Decision The Director of the Department may agree or disagree with or modify the administrative law judge's recommendation based upon what is in the best interests of the child, in accordance with professional social work standards and Dep…

Section 337.230 Who Receives a Copy of the Final Administrative Decision The appellant, authorized representative of the child, the parent or parents, any authorized or court appointed representative as defined in Section 337.60 of this Part, the administrative law judge, the Dep…

Section 337.240 Notice of the Availability of Judicial Review The appellant shall be advised that, under the provisions of the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, par. 3-101 et seq.), he or she may seek a judicial review of the Department's final administrat…

Section 337.250 Severability of This Part If any court of competent jurisdiction finds that any Section, clause, phrase or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of this…

Section 337.30 The Service Appeal Process When the issue is the removal of a child from the home of a foster family or relative caregiver, the service appeal process for the Department of Children and Family Services consists of a fair hearing after a clinical placement review of…

Section 337.40 Department and Provider Agency Responsibilities on Appealable Issues The Department or provider agency which made the decision, or intends to take the action being appealed, shall be responsible as follows. a) When the Department is the service provider, the Depart…

Section 337.50 The Right to a Service Appeal a) The Department or provider agency shall provide clear written instructions on how to request an appeal. These instructions shall be provided to children and families when the commencement or denial of services occurs, during the int…

Section 337.60 Who May Appeal a) The following persons may appeal decisions made by or on behalf of the Department in accordance with Section 337.70 of this Part: 1) families and children who receive child welfare services, either directly from the Department or through its provi…

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, incompete…

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 i…

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 o…

Section 338.10 Purpose The purpose of these rules is to explain the internal review and administrative hearing process for relative caregivers providing full-time care to children for whom the Department of Children and Family Services is legally responsible who apply for and are…

Section 338.100 The Administrative Hearing a) The Administrator of the Administrative Hearings Unit may grant a request for a hearing only when: 1) the original written request for appeal was postmarked within 15 calendar days after the date of notice to the appellant that the De…

Section 338.110 Rights and Responsibilities in Administrative Hearings a) An appellant may bring a representative, including legal counsel, to the hearing. Expenses of a representative or of an appellant's witnesses shall be paid by the appellant. b) An appellant may request the …

Section 338.120 Rules of Evidence a) All evidence helpful in determining these questions, including oral and written reports, may be relied upon to the extent of its probative value, even though not competent under the common law or statutory rules of evidence. b) All Department …

Section 338.130 The Administrative Law Judge a) Appointment of the Administrative Law Judge The Administrator of the Administrative Hearings Unit shall select and the Director shall appoint a trained, impartial administrative law judge from the available pool to conduct the appea…

Section 338.140 Combined or Separate Hearings a) When a common issue is raised, the Department may respond to requests for hearings from more than one appellant by conducting a single group hearing. The Department may also combine all issues raised by a single appellant in all pe…

Section 338.150 Final Administrative Decision a) Making the Final Administrative Decision The Director of the Department shall receive the recommended decision from the administrative law judge and shall agree, disagree, or modify the recommended decision based upon the preponder…

Section 338.160 Records of Administrative Hearings The permanent record of the administrative hearing and the final administrative decision shall be maintained by the Administrator of the Administrative Hearings Unit. All hearing decisions shall be available for public inspection…

Section 338.170 Severability of This Part If any Court of competent jurisdiction finds that any Section, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of thi…

Section 338.180 Transition Provisions a) Definitions "Approved under 89 Ill. Adm. Code 335, Relative Home Placement" means that a relative family home had been approved as meeting the standards of that Part prior to July 1, 1995. "Child only standard of need" means the assistance…

Section 338.20 Definitions "Administrative hearing" in the context of this Part means a formal review of the Department's decision to deny a foster family home license to the relative who is serving as caregiver of children for whom the Department is legally responsible. "Adminis…