Page 114

Child Care Subsidy Policy October 1, 2024 107 CHAPTER 11: ADMINISTRATIVE HEARINGS 11.0. Overview The West Virginia Public Welfare Law and subsequent administrative actions have guaranteed an applicant for or a recipient of Social Services the right to a hearing concerning an action taken by the Department. 11.0.1 Child care providers have the right to file a grievance, which is different from the guarantee to a hearing. A grievance is any complaint by a client or recipient of services of the agency who is receiving special services regarding: 11.0.1.1. His/her treatment by agency personnel, (a worker or supervisor), or 11.0.1.2. any other concern about his/her situation related to the service programs of the agency which the client or recipient of services would like to have resolved. 11.0.1.3. The child care provider is not permitted to request an Appeal or Fair Hearing in response to an action taken on a client’s case. Likewise, a child care client cannot request an Appeal for Fair Hearing in response to an action taken on a provider’s status. Child care client cases are subject to DoHS confidentiality rules. No information regarding a client’s case may be shared with any other person(s) without written release from the client. 11.0.2. Grievances by providers of service are different from grievances by clients of the agency in that they relate to the agency's decision not to use the service a person is willing to offer. By way of example: 11.0.2.1. The grievance would usually relate to the agency's decision not to use a home because it does not meet basic standards, or the closure of a home formerly used. 11.0.2.2. Another group to which it would pertain would be those who provide services to clients of the Department of Human Services in their own homes, e.g., In- Home day or chore service. 11.0.3 Individuals or families who apply to become providers of service should be afforded the opportunity to initiate a grievance hearing at any point in their contact with the agency should they feel their situation is not being understood and assessed fairly by the case manager. 11.0.4. Grievances should not be confused with the client's or recipient of services right to appeal his/her exclusion from or inclusion in a service program against his/her will or the agency's failure to consider the recipient's choice of service. Procedures regarding the client's or recipients of services right to this type of Fair Hearing is explained in Chapter 700 of the Common Chapters Manual. Every child care client and provider have the right to request a hearing concerning actions taken by the Department or CCR&R case managers.