Section 337.60  Who May Appeal

a)         The following persons may appeal decisions made by or on behalf of the Department in accordance with Section 337.70 of this Part:

1)         families and children who receive child welfare services, either directly from the Department or through its provider agency;

2)         families and children requesting child welfare services from the Department; or

3)         foster parents or relative caregivers who have care and custody of a child for whom the Department is legally responsible.

b)         The appeal may be requested by:

1)         families and children who receive child welfare services, either directly from the Department or through its provider agency;

2)         families and children requesting child welfare services from the Department;

3)         foster parents or relative caregivers who have care and custody of a child for whom the Department is legally responsible;

4)         the authorized representative of any of the above persons; or

5)         an individual who has been appointed by a court to legally act on behalf of the above parties including the guardian ad litem for a child; when monetary claims are at issue, an individual appointed by the court as administrator of the estate or a person acting in a similar capacity may appeal for the deceased person.  A certified copy of the court's order must be provided as authorization to represent such persons unless the appointment is as a Guardian Ad Litem in Juvenile Court.

c)         If an appellant has an authorized representative or an individual legally acting on the appellant's behalf, that representative or individual may exercise the rights of the party in the mediation or emergency review and the fair hearing.  These rights include the right to review and copy case materials pursuant to 89 Ill. Adm. Code 431, Confidentiality of Personal Information of Persons Served by the Department, to receive Department notices, to speak in the mediation or emergency review and the fair hearing, and to take any other actions permitted an appellant in this Part.

(Source:  Amended at 19 Ill. Reg. 10557, effective July 1, 1995)