Illinois Administrative Code

Section 338.30 Who May Appeal a) Relative caregivers who have full-time care and custody of a related child for whom the Department is legally responsible have the right to appeal the denial of an application for a foster family home license. b) If an appellant has an authorized …

Section 338.40 What May Be Appealed Relative caregivers providing full-time care to related children who have applied for a foster home license and been denied licensure may appeal the denial of a foster family home license.

Section 338.50 What May Not Be Appealed The following circumstances are not appropriate for the appeal process: a) when the Department has already made a final administrative decision on the issue as a result of a previous appeal; b) when a court has made a judicial decision on t…

Section 338.60 Concurrent Jurisdiction If an appeal may be filed under either 89 Ill. Adm. Code 337, Service Appeal Process, or under this Part, the appeal shall be heard under this Part.

Section 338.70 Notices of Department Decisions a) Relative caregivers who apply for a foster family home license have a right to receive a written notice informing them: 1) whether their application for licensure is approved or denied; 2) if denied, the reason for the denial; 3) …

Section 338.80 The Appeal Process a) To begin the appeal process the relative caregiver shall request in writing that the Department review its decision to deny the application for license as a foster family home. The request for a hearing must be postmarked within 15 calendar da…

Section 338.90 Internal Review a) After the Administrative Hearings Unit has received the appellant's request for an appeal, the Administrator of the Administrative Hearings Unit shall notify the Department that the appellant has appealed and the Department shall send to the Admi…

Section 351.1 Purpose The purpose of this rule is to identify the resources which the Department will pursue in behalf of the children for whom it is legally responsible and to identify the resources which the Department will attempt to secure for the families it serves.

Section 351.2 Definitions "Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parent(s) have signed an adoptive surrender or voluntary placeme…

Section 351.3 Assisting Families in Securing Benefits Families served by the Department through provision of child welfare services may be eligible for a variety of federal and other public benefits. Department staff will assist families in seeking the following benefits: Social …

Section 351.4 Securing Benefits for Children a) The Department shall apply for benefits available to the public in behalf of the children for whom the Department is legally responsible. These include, but are not limited to: Social Security benefits, Veteran's Administration bene…

Section 352.1 Purpose The purpose of these rules is to explain services for which the Department will assess financial liability, the method for determining such liability and the rights of appeal concerning the decision.

Section 352.10 Parental Repayment Hearing a) When the Department determines that no justification exists for the relief requested a hearing shall be set not more than 90 days from receipt of the request for redetermination or temporary reduction in payment. The individual who mad…

Section 352.11 Hearing Decision a) The decision of the hearing officer will be based only on facts presented at the hearing in the form of oral testimony or documentary exhibits. b) Within 20 days from the date of the hearing, the hearing officer shall make findings of facts and …

Section 352.2 Definitions "Custodial parent", as used in this Part, means the natural or adoptive parent who has been designated by the court to take custody of a child when the parents are legally separated or divorced. "Dispositional hearing" means the Juvenile Court hearing at…

Section 352.3 Services for Which Assessments Will Be Made a) Parents or guardians of the estates of children placed by or with the Department away from their parents in substitute care living arrangements for child protective or child welfare reasons are liable for payment to the…

Section 352.4 Notification of and Determination of Responsibility a) Parents or guardians of the estates of children shall be notified of their rights and responsibilities concerning parental liability for charges when the child has been placed in substitute care and the Parental…

Section 352.5 Initiation of Charges The initial charge is due the first day of the month following the date of initiation of the services subject to charge or as soon thereafter as each liable person's financial ability subjects him to charges for services.

Section 352.6 Termination of Account Balances a) When the services subject to charge are terminated, the charge shall be prorated to cover the number of days the services were provided excluding the date of service termination. b) A request to write-off a past due account balance…

Section 352.7 Method of Billing, Remittance and Collection a) The Department shall bill for substitute care charges on a monthly basis. Remittance to the Department shall be by check or money order made payable to the Treasurer, State of Illinois, and sent to the administrator re…

Section 352.8 Consideration of Other Benefits a) All benefits to which a child for whom the Department has legal responsibility, and to which the child is entitled, shall be remitted to the Department by the issuing agency. These benefits include, but are not limited to: social s…

Section 352.9 Rights of Appeal a) When notified in writing by the Department of charges for services, the parent or guardian of the child's estate may appeal the assessed amount if he/she believes that the data used in determining the amount is inaccurate or incomplete. A request…

Section 352.APPENDIX B Substitute Care Fee Schedule SCHEDULE OF MAXIMUM MONTHLY FEES PER PERSON Annual Income Range Family Size 2 3 4 5 6 7 or more $ 7,000 $ 7,500 $ 5 0 0 0 0 0 7,501 8,000 10 0 0 0 0 0 8,001 8,500 15 0 0 0 0 0 8,501 9,000 20 $ 5 0 0 0 0 9,001 9,500 25 10 0 0 0 0…

Section 353.1 Purpose The purpose of these rules is to explain how the Department administers the financial accounts of monies received by the Department for children for whom the Department has legal responsibility. (Source: Amended at 25 Ill. Reg. 2709, effective February 1, 20…

Section 353.2 Definitions "Board and care payments" includes payments for room, board, clothing, and a personal allowance. Refer to 89 Ill. Adm. Code 359 (Authorized Child Care Payments) concerning establishment of payment rates. "Child's account" means a no-cost, interest bearin…

Section 353.3 Establishment of Accounts When a child for whom the Department has legal responsibility has been determined eligible for Social Security benefits, Supplemental Security Income, Veterans' Benefits, assistance allotments from the armed forces, court ordered payments, …

Section 353.4 Restricted Accounts a) When a child receives an inheritance, insurance settlement, settlement as a result of a lawsuit, mineral rights payment or gift of less than $10,000, the Department shall establish a restricted account for the child. 1) Monies from a restricte…

Section 353.5 Disbursements from Accounts a) Board and Care The Department shall make payments on a monthly basis from State appropriations for substitute care (room and board and administrative costs), specific services provided directly to the individual child, and medical care…

Section 353.6 Account Termination a) The Department shall close a child's account within 90 days after receipt of information related to: 1) Change in guardianship/legal status; 2) Change in payee; 3) Child for whom the Department retains legal responsibility returns home; 4) Chi…

Section 353.7 Payment of Benefits to Parents or Relatives (Repealed) (Source: Repealed at 25 Ill. Reg. 2709, effective February 1, 2001)

Section 353.8 Funeral and Burial Expenses Upon the death of a child, the funeral and burial expenses shall be paid from the child's account. (Source: Amended at 25 Ill. Reg. 2709, effective February 1, 2001)

Section 353.9 Safe-Keeping and Investment of Funds Monies received from issuing agencies will be deposited in no-cost, interest bearing savings accounts in appropriate financial institutions. Interest earned on the account shall be credited by the Department to that child. (Sourc…

Section 355.1 Purpose This rule describes the Department's policies related to gifts and donations received, held and used by the Department.

Section 355.2 Definitions "Gifts and donations" means a grant, tangible item of use, devise or bequest of money or property.

Section 355.3 Receiving and Accounting for Gifts and Donations a) Subject to An Act Creating the Illinois Department of Children and Family Services, the Department shall accept, for its direct use and use of its clients, grants, gifts, tangible items such as equipment and device…

Section 355.4 Use of Gift and Donation Funds a) The Department shall allow for wide variation and use of items the Department may acquire for its benefit or the benefit of its clients, providing such benefits are in accordance with Department procedures and accepted practice, or …

Section 355.5 Reports of Gifts and Donations A quarterly financial report of gift and donation funds shall be prepared and sent to the administrator responsible for managing the Department's budget on or before April 15, July 15, October 15, and January 15 of each year.

Section 356.1 Purpose (Renumbered) (Source: Section 356.1 renumbered to Section 356.10 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.10 Purpose The Department's requirements for determining purchased care rate reimbursements are described in these rules. Also described are certain reporting requirements, audit requirements, allowable costs, disallowable costs, cost standards, profit factors, and th…

Section 356.2 Definitions (Renumbered) (Source: Section 356.2 renumbered to Section 356.20 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.20 Definitions "Administrative cost" means those costs related to the management and organizational maintenance of the purchase of care provider such as program administration, postage, and clerical support. "Allowable costs" means those reasonable costs, as defined i…

Section 356.3 Types of Reimbursement Made by the Department (Renumbered) (Source: Section 356.3 renumbered to Section 356.30 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.30 Types of Reimbursement Made by the Department a) The Department will reimburse providers through payments made according to standard reimbursement levels and through reimbursement levels which are specifically negotiated through contract. The Department shall notif…

Section 356.4 Cost Information Requirements of Providers (Renumbered) (Source: Section 356.4 renumbered to Section 356.40 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.40 Cost Information Requirements of Providers a) Cost Reporting – Except as otherwise provided by this subsection, all providers shall annually file a certified cost report on a schedule provided by the Department. The time period covered by the cost report shall corr…

Section 356.5 Determining Rate Reimbursement Levels (Renumbered) (Source: Section 356.5 renumbered to Section 356.50 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.50 Determining Rate Reimbursement Levels This Section applies to those situations where the Department promulgates standard or individual rates identified in Section 356.30(b)(2) and (3). a) Forms – Financial reporting forms shall be used in establishing rates of reim…

Section 356.6 Disallowable Costs and Reduced Reimbursement (Renumbered) (Source: Section 356.6 renumbered to Section 356.60 at 20 Ill. Reg. 14390, effective November 1, 1996)

Section 356.60 Disallowable Costs and Reduced Reimbursement Certain costs shall not be considered by the Department for reimbursement. Cost standards may be applied to costs claimed to yield reasonable costs. Disallowable costs shall include: a) expenses resulting from transactio…

Section 356.7 Notice and Appeal of Provider Rates (Renumbered) (Source: Section 356.7 renumbered to Section 356.70 at 20 Ill. Reg. 14390, effective November 1, 1996)