If you have concerns about services, or if you disagree with decisions about your child, you should discuss them with your service coordinator at the CFC. These services or decisions may have to do with identification, evaluation, assessment, placement, or the appropriateness of the services. If you are not satisfied with the result of the discussion, formal options for administrative resolution are provided in the law. These include:
- Complaints to the state. You may file a written, signed complaint with the Illinois Department of Human Services (IDHS) if you believe that a provider has violated a law or rule regarding the Part C Early Intervention Program. The statement must contain the facts that support your complaint. IDHS may use the Illinois Early Intervention Monitoring Program to facilitate the investigation (https://earlyinterventionmonitoring.org).
- IDHS has 60 days from receiving the complaint to investigate and write a decision. During this time, IDHS may carry out an independent investigation.
- IDHS’s decision must include findings from the investigation, conclusions, and a reason for the final decision.
- If the complaint is found to be true or valid, then the decision must include procedures to correct the cause of the complaint.
- Mediation. If you have a disagreement with the local provider, the CFC, or IDHS, you can request mediation. Mediation is a voluntary session facilitated by a qualified mediator in a location convenient for you within 10 days after the request. The mediator’s role is to help the disagreeing parties to talk and reach an agreement. The mediator cannot order an agreement. Discussions that are held during mediation are confidential. Mediation is voluntary, and you must freely agree to participate in it. The state pays for the cost of mediation. A mediation agreement records the terms agreed upon. Previously agreed on services to your child should continue during the mediation period.
- Due process hearing. You may request a due process hearing to resolve a complaint with your provider or CFC. If you request a due process hearing, you and your CFC have up to 30 days to resolve the complaint to your satisfaction. If you cannot do so, a due process hearing will be held.
- A due process hearing is similar to a court hearing.
- The hearing must be held at a time and place that is reasonably convenient to you.
- A hearing officer listens to both sides of the disagreement. The hearing officer may not be an employee of any agency or other entity that is providing EI services for your child.
- At the hearing, you may bring an advocate, attorney, or friend who has special knowledge or training about your child or about children with disabilities.
- You also have the right to bring your child and to have the hearing open to the public.
- To find an attorney, you may contact Equip for Equality, the Protection and Advocacy System agency in Illinois at https://equipforequality.org/.
- You have the right to a copy of the record of the hearing, findings, and decisions, at no cost. The written decision must be mailed to you within 45 days after the 30-day resolution period ends. The losing party has the right to appeal the decision.