Section 415.115  Failure to Maintain Conditions for Certification

a)         The Department or the contributing agency that manages the case shall monitor the certified relative caregiver and home to ensure that the conditions for certification are maintained as part of normal case management. If the Department or the contributing agency have reason to believe that the certified relative caregiver fails to maintain the conditions for certification set forth in this Section, the Department or the contributing agency shall immediately re-examine the home to ensure it continues to meet the minimum conditions of certification. If it does not, the Department or the contributing agency shall provide the relative, the youth's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405], and, in the case of a contributing agency managing the case, the Department itself, with a written statement explaining:

1)         what standards are not met;

2)         what services or supports, if any, the Department or the contributing agency can offer to assist the relative in meeting the standard; and

3)         the time frame by when the relative is expected to come into compliance with the standard.

b)         The Department or the contributing agency will ensure that certified relative caregivers are provided reasonable assistance to correct deficiencies or address issues to enable the relative to meet conditions for certification where possible.

c)         If the relative fails to correct the deficiencies or if it is not possible to correct the reason the relative does not meet the standards in the time frame specified, the Department or the contributing agency shall notify the relative that the certification is no longer valid and denied. The worker shall complete the Denial and Request for Decision Review Letter and send it to the relative and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and the process for a Department Decision Review. The relative shall have 30 days from the date of the letter to request a decision review.

d)         If a child is already in the home, worker shall do a best interest review to determine if the child should be moved.

e)         Certification decisions are not subject to a service appeal pursuant to 89 Ill. Adm. Code 337. Nothing in this Part shall otherwise negate any rights a relative caregiver has pursuant to 89 Ill. Adm. Code 337 unless explicitly stated.

f)         Subject to the other terms of this Part, the relative may re-apply for certification if the circumstances that led to the loss of certification have changed.