Cal. Code Regs. tit. 5 § 17783

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 17783 - Notice of Action, Recipient of Services
(a) The Notice of Action, Recipient of Services is used when there is any change to the service agreement including, but not limited to:
(1) The contractor determining, at recertification, that the need or eligibility requirements are not met;
(2) The contractor modifying the family fee or the amount of service; or
(3) The contractor terminating services.
(b) The contractor shall notify the family through a written Notice of Action, Recipient of Services in accordance with subsection (f) below. The contractor shall maintain copies of all Notices of Action, Recipient of Services in the family data file. The Notice of Action, Recipient of Services should be sent to the parent in the manner requested by the parent in the Application for Services.
(c) The contractor must make all attempts to provide the family with a Notice of Action, Recipient of Services in the parent's primary language.
(d) With the exception of the changes set forth in subsection (e) below, the effective date of any changes to the service agreement must be:
(1) No sooner than 14 days after service of the Notice of Action, Recipient of Services if the Notice of Action is:
(A) Given personally to the parent; or
(B) Sent through electronic methods such as email or facsimile or similar instantaneous electronic methods.
(2) No sooner than 15 days after service of the Notice of Action, Recipient of Services if the Notice of Action is sent via overnight delivery.
(3) No sooner than 19 days after service of the Notice of Action, Recipient of Services if the Notice of Action is mailed.
(e) If a Notice of Action, Recipient of Services provides only for a reduction in a family fee or an increase in the amount of services, the effective date of the action should be immediate.
(f) The Notice of Action must provide detailed information sufficient for the family to determine what the issue is, to understand the reason for the action being taken, and to decide whether to appeal the Notice of Action. The Notice of Action, Recipient of Services shall include:
(1) The type of action being taken;
(2) The effective date of the action;
(3) The name and address of the recipient;
(4) The name and address of the contractor;
(5) The name, telephone number, and email address of the contractor's authorized representative who is taking the action;
(6) The date the notice is mailed, emailed, or given to the recipient;
(7) The method of distribution to the recipient;
(8) A description of the action;
(9) A statement of the specific fact(s) that support the proposed changes; and
(10) Instructions for the parent(s) on how to request a hearing if they do not agree with the contractor's decisions as stated in the Notice of Action, Recipient of Services in accordance with procedures specified in sections 17784 and 17785 of this chapter. These instructions shall inform parents how to request a hearing from the contractor and, if necessary, from the Early Education Division as described in sections 17784 and 17785 of this chapter.
(g) If the family receives CSPP services through a family child care home provider, the provider shall be sent a copy of the Notice of Action, Recipient of Services at the same time the family is sent the notice.

Cal. Code Regs. Tit. 5, § 17783

1. New section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).

Note: Authority cited: Sections 8207 and 8231, Education Code. Reference: Section 8208, Education Code.

1. New section filed 7-1-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).