Department of Human Services

Families First Online Policy Manual

Child Care

Revised:

33.15

IMPLEMENTING THE APPEALS PROCESS

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Recipients of child care assistance may appeal any action or failure to act in relation to child care as with any other benefit provided by DHS.  The appeal must be filed in a timely manner that is within 90 days of the action. 

 

A participant may appeal:

 

·        Failure to take into account a child’s special needs.

 

·        Failure to provide the caretaker an opportunity to choose a child care arrangement when more than one type of child care is available.

 

·        Failure to accept a person’s refusal of available appropriate child care if she can arrange other child care and can show that her refusal will not interfere with employment or a work activity.

 

·        Failure of the child care provider to allow parental access to the child.

 

·        Unresolved questions about the computation of the TCC income or fee.

 

·        Failure to provide timely and adequate notice of adverse action.

 

Other actions or failures to act which the participant chooses to appeal.

 

·        If a participant wishes to appeal, the child care specialist, or any DHS staff member will accept the appeal request, either verbal or written, and immediately notify the other entity that an appeal has been filed.  Decisions regarding the acceptability of an issue or the timeliness of an appeal are made by Administrative Review.

 

·        The procedures for filing an appeal are the same as those described in the Appeals section of this Handbook.  A copy of the Appeal for Fair Hearing Form (HS-0008) will be furnished to the child care specialist.

 

·        The caseworker/client rep and child care specialist will confer as necessary in preparation for the hearing.

 

·        If the appeal was filed within ten (10) days of the action and the participant requests that child care continue, TCC payments must be continued pending the appeal decision.  If the county action is upheld, the continued benefits become an overpayment subject to recovery.

 

·        Child care payments must also continue pending an appeal if the assistance unit requests the benefits to continue, and the individual is employed or continues to participate in a work activity.  If the county action is upheld, the continued benefits become subject to recovery.

 

·        The hearing will be conducted by DHS as any other appeal hearing.  For example, the appellant has the right to be accompanied to the hearing by whomever the individual chooses.

 

·        The child care specialist and the caseworker/client rep will participate as necessary in the hearing and carry out the final order of DHS.

 

Glossary

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