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4.1 Right to Appeals and Fair Hearings

Applicants and recipients of child care subsidy services have the right to appeal and receive a fair hearing on decisions made about their eligibility for and the authorization of child care including, but not limited to, case approval, the determination of an overpayment or the amount of the overpayment. Appeal instructions are included on the Child Care Application and on the NOA. An appeal may be requested orally or in writing to the Division of Appeals and Fair Hearings or to the LDSS. If an applicant/recipient makes an oral request to the LDSS, the Child Care Worker must assist the client by completing an appeal form and forwarding it to the Division of Appeals and Fair Hearings. If the appeal is withdrawn by the applicant/recipient for any reason, the request must be done in writing. The Child Care Worker may also use FUSION (https://fusion.dss.virginia.gov/ac/Compliance-Home/Appeals-Fair- Hearings-Civil-Rights/Benefits-Services-Appeals/File-an-Appeal-with-Benefits-Services) to submit the appeal request or they may send an email to appeals@DSS.virginia.gov.

A. Notification of Right to Appeal

Every applicant for and recipient of child care subsidy services shall be informed in writing, at the time of application and at the time of any action, proposed or taken, affecting their services, of the circumstances under which they have a right to a fair hearing, of the method by which they may obtain a hearing, and of the right to be represented by others or to represent himself. At the time assistance is first requested, the Child Care Worker will provide the applicant with information about the program for which they are applying and fair hearing procedures. For recipients, this is accomplished when the recipient receives a written notice at the time of any action, proposed or taken, affecting their child care subsidy services.

B. Local Department of Social Service Conference

In addition to requesting an appeal, the applicant/recipient may request a conference with the LDSS about the decision made on their child care subsidy services. The LDSS conference allows the agency the opportunity to explain why the action was taken on their child care case and allows the applicant/recipient the opportunity to present any information when they disagree with the agency’s decision. The LDSS conference may resolve many questions and/or disagreements without the need for a formal hearing. Applicant/recipients should be informed that requesting a LDSS conference does not constitute an appeal request.

C. Fair Hearings

If the parent disputes the decision made by the LDSS on their child care case, they are entitled to a fair hearing. A fair hearing may be requested by an expressed indication by an applicant/recipient or by a person acting as their authorized representative, to the effect that he or she wishes the opportunity to present his or her case to a higher authority because of dissatisfaction with its treatment by a LDSS. An appeal may be requested orally or in writing. The right to make such a request is not to be limited or interfered with in any way. If an applicant/recipient makes an oral request for a hearing, the LDSS must complete the procedures necessary to start the hearing process. The Appeal to the Virginia Department of Social Services form must be made available to the applicant/recipient to facilitate appeal requests; however, completion of