VIII. Client Rights

Client Notifications Applicants for cash assistance will be sent written notification of the disposition of the application. If the application is denied for all or any family members, the written disposition notification will identify who was denied and who was approved, a statement of the reason for the denial, and a citation of the policy that resulted in the denial. Families receiving TANF cash assistance will be sent advance notice when an assistance payment is to be reduced or discontinued. The notice will identify the amount of reduction, the reason for the reduction, and provide a citation of the policy that resulted in the reduction or discontinuance. The notice will be sent at least ten days prior to the effective date of the action. If the reduction is caused by a client cooperation factor, such as failing to provide available information to determine eligibility, and the client cooperates within ten days of the date the benefit became or would have become available, assistance will be restored retroactive to the date of reduction or discontinuance. The preceding paragraph does not apply to notices of anticipated sanctions. Back to Top

Right to Appeal The application disposition notice, the notices of adverse action, and the written material provided to applicants all contain an explanation of the client's right to appeal. The client has the right to appeal the failure of IDHS to act upon requests, the failure to accept or process an application for benefits, the failure to provide proper notice of adverse actions, issues of program policy, the amount of assistance determined by IDHS, the denial of an application, and the reduction or discontinuation of assistance. If proper notice of the action has been issued by IDHS the client or representative must file the appeal within 60 days after the date of notification. The 60-day limit is not applied if proper notice was not provided. If the appeal is filed by the date of the change, or within 10 days of the date of the notice, the action under appeal is not taken until the issue has been resolved. An administrative hearing is held on appeal issues. The appellant has the right to be represented, present evidence, and question IDHS' representative. If the final administrative decision does not resolve the issue to the appellant's satisfaction, the client may opt for a judicial review. Back to Top

Client Grievance Procedure Applicants and recipients have a client grievance procedure available to use if they believe they have not been treated with courtesy, consideration, and respect by a staff member. A management staff member not associated with the grieved action is appointed to investigate the matter. An informal meeting is held among the parties within 10 days. The grievant may bring a representative. Within 15 days of the conference the grievant is informed of any action taken in response to the grievance. Specific employee discipline actions are not included in the disposition notification. Back to Top

Non-Discrimination IDHS does not discriminate against any individual on the basis of race, color, religion, sex, protected age group, disabling condition, national origin/ancestry, political beliefs, or marital status. Vendors contracting with IDHS are required to maintain the same nondiscrimination policy. Complaints of discriminatory acts or treatment may be filed with the IDHS. These are investigated and resolved by the IDHS' Equal Employment Officer. Back to Top

Interpretive Services Interpretive services are made available to assist Limited English Proficiency applicants and recipients. Interpretive services and TTY devices are available to communicate with individuals who are communication impaired. Back to Top

Confidentiality Client information may only be used for the administration of the program. This includes establishing the family's initial or continuing eligibility, establishing financial need, establishing services need (includes self-support services), finding and making needed services and resources available to families, assuring the health and safety of the family members, and assisting the Illinois Department of Children and Family Services in investigating allegations of child abuse or neglect. Use of information for commercial, personal, or political purposes is prohibited. Law enforcement agencies are provided the current address of a client for whom they have an outstanding arrest warrant without the family's consent when the law enforcement officer provides the name and Social Security number of the client, evidence that the individual has an outstanding arrest warrant, proof that apprehension of the client is within the officer's official duties, and evidence that the request is made as a proper exercise of the officer's duties. Families who apply for benefits and contain immigrants will be advised that IDHS will verify their status with the Bureau of Citizenship and Immigration Services if the immigrants are applying to be included in the assistance unit, claim to have assistance qualifying immigration status, and provide some documentation of their status. Applicants will also be advised that IDHS will not verify the status of immigrants unable or unwilling to provide information concerning their status, or not requesting assistance for themselves. The release or use of information concerning families participating or applying for the Illinois TANF Program is restricted to persons or agency representatives who are subject to standards of confidentiality comparable to those of IDHS. Back to Top

Anti-Displacement and Grievance Procedure An employer may not utilize a work activity participant if such utilization would result in: the displacement or partial displacement of current employees, including but not limited to a reduction in hours or non-overtime or overtime work, wages, or employment benefits; or the filling of a position that would otherwise be a promotional opportunity for current employees; or the filling of a position created by or causing termination, layoff, a hiring freeze, or a reduction in the workforce; or the placement of a participant in any established unfilled vacancy; or the performance of work by a participant if there is a strike, lockout, or other labor dispute in which the employer is engaged. An employer who wishes to utilize work activity participants shall notify the appropriate labor organization in accordance with the applicable State statute (305 ILCS 5/9A-13). Participants, other employees at the work site, or their representatives, may file a grievance with IDHS if they believe the participant's work assignments are causing displacement. In order for IDHS to consider a grievance, it must be in writing and contain the following information: the name and address of the participant or other employee at the work site (the grievant); the participant's case number (if grievant is participant); the grievant's Social Security number; Work Experience (work site); and a statement as to why the grievant believes the participant is causing displacement. Within ten days after receipt of a written grievance, IDHS shall arrange an in-person conference with: the grievant; the grievant' s representative, if any; the Work Experience Sponsor; the Work Experience Sponsor's representative, if any; and IDHS' representative. At the in-person conference, IDHS shall solicit and receive from the grievant and the Work Experience Sponsor any documents and statements relevant to the matters alleged in the grievance. The Work Experience Sponsor shall provide whatever documents or other information is requested by the grievant and/or IDHS. Within 15 days after the in-person conference, IDHS shall advise the participant or other employee at the work site and the Work Experience Sponsor in writing of the information obtained in the investigation and of the findings and conclusions as to the matters alleged in the grievance. If IDHS concludes that displacement occurred (as described in subsection (q)(1) of this Section), IDHS shall terminate the participant's assignment to that Work Experience Sponsor. If IDHS concludes, as a result of the evidence presented at the conference, that the Work Experience Sponsor has caused displacement by use of TANF participants in addition to the participants involved in the grievance, IDHS shall terminate those TANF participants' assignment to that Work Experience. IDHS, its employees, or the Work Experience Sponsor shall not retaliate for filing a grievance or otherwise proceeding under this policy. Retaliation will result in the termination of the Work Sponsor contract. Back to Top