To The CDD

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To The CDD Parental Appeals Workshop
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Introducing the Child Development Divisions
Parental Appeal Team
Intake Coordinator
Analyst Team
vacant
SOPHIA AGUILAR [phone] SUSAN JUST (916)
323-2211 JOE MAZZOLA [phone]
Policy Support Unit Manager
IRENE MARTINEZ [phone]
Policy Support Unit Administrator
NANCY REMLEY [phone]
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Is Your NOA Current?
California State Department of Education Child
Development Division 1430 N Street, Suite
3410 Sacramento, CA 95814
UPDATED NOTICE OF ACTION FORM CD-7617 (03/04)
http//www.cde.ca.gov/sp/cd/ci/cd7617.asp
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Use a Notice of Action to
Update the Application
Recertify Services
Inform the Parent That Need or Eligibility Require
ments Are No Longer Being Met
Modify Fees or the Amount of Services Provided
Regula Policy
Increase or Decrease Parent Fees
Increase or Decrease Services
Approve or Deny Services
Terminate Services
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Problem Areas on the Notice of Action
Box 1.B. ensure that the effective date of the
NOA is 14/19 days from the issue date of the NOA
Box 4, ensure that the Program Code, is
identified properly i.e. CAPP, C2AP,
Box 7, ensure that the reason(s) for the issuance
of the NOA is clear and is supported by law,
regulation, policy, and/or a written request
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Quality Policies
Written
Board Adopted
ReasonableRelated to Program
Aligned with Law, Regulations, FTCs
Provided To Families
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Due Process Requirements
California Code of Regulations, Title 5,
Education, Sections 18118 through 18122

• In matters that result in an approval, change, or
  termination of a participants contract for
  subsidized child care and development services,
  due process is satisfied by
• A Notice of Action to the participant
• Continuation of services during the appeal
  process
• A local hearing
• The parents right to be heard
• A timely appeal to the CDD

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LOCAL AGENCY APPEAL PROCESS

• The agency has the authority to determine whether
  or not the parents appeal is timely.
• The parent has 14 calendar days when the NOA is
  given, and 19 calendar days when the NOA is
  mailed to submit an appeal to the local agency.
• When the parent does not submit a timely appeal,
  the appeal process is complete and the intended
  action shall become effective.
• When the agency determines that an appeal is not
  timely, there are no further appeal rights.
• When the appeal is timely, the intended action is
  suspended until the appeal process is complete.

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Local Agency Hearing Process

• The agency shall notify the parent of the time
  and place of the hearing within 10 calendar days
  after receipt of the parents appeal.
• The time and place of the hearing shall, to the
  extent possible, be convenient for the parent.
• The agency shall arrange for the presence of an
  interpreter when the parent requests one.
• The parent may designate an authorized
  representative to attend the hearing.
• The parent or the authorized representative must
  attend the hearing.
• Failure to attend the hearing is considered
  abandonment of the appeals process. The intended
  action on the NOA should be implemented. There
  are no further appeal rights.

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LOCAL HEARING REQUIREMENTS

• The hearing shall be conducted by an
  administrative
• staff person referred to as the hearing
  officer.
• This person shall be at a level higher in
  authority
• than the person who issued the NOA.
• Only persons directly affected by the hearing
  shall
• be allowed to attend.
• The hearing officer shall explain to the parent
  the
• legal, regulatory, or policy basis for the
  intended
• action.
• The hearing officer shall focus on the reason for
  the action as stated on the NOA.

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LOCAL HEARING REQUIREMENTS

• During the hearing, the hearing officer shall
  give the parent an opportunity to explain the
  reasons he or she disagrees with the agencys
  action on the NOA.
• The agencys staff shall present any material
  facts omitted by the parent.
• The hearing officer shall not conduct an
  independent investigation in order to render a
  decision.
• The hearing officer shall mail or deliver to the
  parent a written decision within 10 calendar days
  after the hearing.

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APPEAL TO THE CDD
APPEAL TO THE CDD

• The parent has 19 calendar days from the date the
  local decision letter was mailed to appeal timely
  to the CDD.
• Call any appeal coordinator to verify receipt of
  an appeal.
• The parent must submit a complete appeal which is
  the NOA, the decision letter, and a reason for
  disagreeing with the decision letter.
• Incomplete appeals are returned to parents within
  1-2 days.
• If the parent does not submit a timely appeal,
  the appeal process is considered abandoned and
  the agency should implement the intended action.

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Family File
Complete appeals are assigned to an analyst on
the appeal team. The analyst will call either
the case specialist or the hearing officer within
1-2 days upon receipt of the appeal assignment.
The analyst will request documents from the
familys file such as paychecks, letters,
policies, case notes. The analyst may also
conduct interviews and mediate a resolution.
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Statistics
As of 3/31/07

• Complete Appeals Received FY 06/07 273
• Complete Appeals Received March 07 50
• Incomplete Appeals Received FY 06/07 402
• Incomplete Appeals Received March 07 50
• Open Appeals
• Under 30 Days 10
• Over 30 Days 0
• of FY 06/07 Appeals That Are Closed 96
• of Appeals Denied 87
• of Appeals Granted 13
• Main reasons why the CDD would grant an appeal
• Incorrect Income calculations
• Hearing Officer did not rule on the reasons on
  the NOA

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• The CDD shall mail a decision letter to the
  parent and the agency within 30 calendar days
  after receipt of the parents appeal request.
• The agency shall comply with the CDDs decision
  immediately upon receipt of the decision letter.

• The agency shall be reimbursed for child care and
  development services provided to the family
  during the appeal process.

Final Decision