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, the guardian ad litem upon written request and any other authorized or legal representative as defined in Section 337.60, the provider agency, and foster parents and relative caregivers when the issues raised on appeal directly affect the foster parents or relative caregivers or their role as caretaker of the child.

a)         If the appellant agrees to mediation or if an emergency review is requested, the Department shall provide written notice to all parties of the time, date and place of the mediation or emergency review.  Notice concerning mediation and emergency review shall inform the parties of the right to bring any evidence in an attempt to resolve the problem more quickly.

b)         The Department shall provide written notice to the appellant of a fair hearing, which shall contain the following:

1)         the date, time and location of the hearing;

2)         a statement that the appellant or his or her authorized or legal representative's failure to appear at the hearing without adequate cause may be deemed an abandonment of the request, thus constituting a waiver by the appellant of the right to a hearing in accordance with Section 337.160 of this Part; and

3)         a statement of the parties' rights during the appeal process.

c)         All proceedings shall be scheduled at a time, date and place reasonably convenient for all parties.

d)         When placement of a child in the custody or guardianship of the Department is at issue, the caregivers for the child shall receive written notice apprising them that an issue on appeal involves the placement of the child.  This notice shall be provided to the caregivers at the same time that the appellant receives written notice of the fair hearing.

(Source:  Amended at 36 Ill. Reg. 4388, effective March 7, 2012)