Emergency Review 
Within 10 calendar days from the date of your initial appeal 

Sometimes DCFS or an agency takes an action without telling you before they do it. Usually this happens if the agency or DCFS believes a child to be either at imminent risk of harm if action is not taken immediately. 

If this happens, foster caregivers have the right to request an Emergency Review to stop the agency or DCFS from taking action that involves a change in placement of the child.

An Emergency Review allows DCFS to make a temporary decision based on a concern that the child will be in “imminent risk of harm” while the case is proceeding through the service appeal process. Foster caregivers, DCFS or a provider agency can request an Emergency Review.

To request an Emergency Review, send a written request within 10 calendar days of the date on the notice of decision or the date the action was taken to the same address as shown on page 26 for fi ling a service appeal.

What Information to Include in Your Appeal Letter

• information about you: name, address, phone (days and evenings); 
• agency name or DCFS region; 
• child/ren’s name/s, ID numbers and dates of birth; 
• caseworkers name and phone number; 
• your request: ask for mediation, fair hearing and/or emergency review or ask for help in deciding what to request; and 
• briefly list the issues: The DCFS staff person receiving your appeal letter needs a short summary to be able to respond to your request quickly. Rambling letters and volumes of pages are unnecessary and will slow the process. Just number and list the decisions and issues. For example: 1) Child was never returned to my home aft er I was found innocent of child abuse. 2) Service plan says child is to have counseling. Counseling has never been approved.

Mediation: An Optional, Informal Way to Resolve Disputes
Within 30 calendar days of date of appeal

After a caregiver sends in an appeal letter or fax, the Administrative Hearing Unit will reply by letter, asking if he or she would like to participate in mediation to try to solve the issues before a formal fair hearing. 

Mediation is an informal process where the caregiver and the staff responsible for the decision discuss differences with a neutral third party (a trained mediator) leading the discussion. The caregiver has 15 days after mediation to accept or reject the mediation agreement. Mediation gives all parties in the decision-making process a chance to express their point-of view, take part in the decision-making process and be a part of the final decision.

If agreement is reached in mediation, all parties sign a Memorandum of Agreement which lists the terms of the agreement. Mediation services resolve the majority of the issues coming to DCFS for appeal. Using mediation services is optional. Caregivers may request a Fair Hearing instead, or at any time during the mediation process. The agreement is not a legally binding contract. 

Fair Hearing: A Formal Process 
Within 45 calendar days of the filing date of appeal 

An impartial Administrative Law Judge is appointed by DCFS to preside over the Fair Hearing, which is a formal process in which records of the proceedings are kept. Legal rules of evidence are generally followed. 

During the Fair Hearing both the caregiver and other parties have the right to:

• examine the other side’s evidence; 
• present and question witnesses; 
• present any information relevant to the issues; 
• question or disprove any information, including an opportunity to  question opposing witnesses; and 
• mutually agree to a resolution of any issue in dispute.

DCFS will almost always be represented by an attorney. The caseworker and other staff involved in your case may not be present unless you or the DCFS attorney calls them as witnesses. 

During this formal process, the administrative law judge conducts the hearing in many ways that are similar to hearings in court. Foster caregivers are not required to have an attorney representing them at the Fair Hearing. However, they must understand that if they decide to present their own argument, they will be facing a licensed attorney and they must follow the rules of evidence set out for administrative proceedings such as service appeals.

Foster caregivers who are unable to secure an attorney to represent them may wish to consider going to mediation instead of going immediately to a Fair Hearing, because mediation is an informal process where caregivers can discuss their concerns with involved staff under the guidance of a trained mediator.

If agreement is reached, the case is dismissed. If mutual agreement is not reached, the Administrative Law Judge will recommend to the DCFS director how the issue should be resolved.

Final DCFS Decision 
Within 90 days from the filing date of the appeal 

The DCFS director will consider the Administrative Law Judge’s recommendation and issue DCFS’ final decision on the issue.

DCFS must make and act upon its final administrative decision within 90 days from the date the service appeal was filed, unless a delay in this time frame is caused or agreed to by the person appealing.