|
|
Department
of Human Services Families
First Online Policy Manual Child Care |
Revised: |
33.15 |
IMPLEMENTING THE APPEALS PROCESS |
|
|
|
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. |
|