Section 218-RICR-20-00-4.9 - Notices, Rights and Duties4.9.1NoticesA. To ensure that the Child Care Assistance program (CCAP) is administered in an equitable, effective and efficient manner, the following requirements have been established: 1. Applicants for the Child Care Assistance Program shall receive timely and adequate notice from the DHS of eligibility determinations. The Department shall also provide timely and adequate notice of any adverse decisions that terminate or reduce benefits. a. Notice of Approval. Upon determining that an applicant meets the general requirements for the CCAP in § 4.3 of this Part and the criteria for either RI Works CCAP eligibility (§ 4.5 of this Part) or income (§ 4.6 of this Part) eligibility, Notice of Approval shall be sent by the DHS informing the family of the eligibility start and end dates and the scope of services authorized.(1) The notice shall also indicate whether an income eligible family is required to pay a share of the cost for the CCAP authorized services and the amount of the family share.(2) In addition, the Notice of Approval shall state that any eligible children in the family shall only be enrolled for the CCAP authorized child care services by a CCAP approved provider, who has a signed and valid DHS-CCAP Approved Provider Agreement.(3) Notices of Approval are also sent when there are additional children in the family approved for the CCAP.b. Notice of Adverse Actions. The DHS shall send timely and adequate notice of any decisions that adversely affect a family's CCAP eligibility or the scope of authorized services. (1) All notices of adverse action shall contain:(AA) Acknowledgment of a client's request for withdrawal of an application, or discontinuance of benefits, if applicable;(BB) The reason for the proposed adverse action and citation of the applicable Rule herein;(CC) A statement indicating that the family may discuss the pending adverse action with the appropriate agency representative and, if further review is deemed necessary, schedule an Adjustment Conference to the discuss the action further with the designated supervisor; and(DD) Explanation of the family's right to request a hearing within thirty (30) days of the date of the notice. Notices in this category include those indicating denial or discontinuation of the CCAP eligibility or change in the CCAP authorized services.(2) The Notice of Denial shall be sent by the DHS to a family when a Department representative determines that a case, or an applicant in a case, is ineligible for the CCAP.(3) The Notice of Eligibility Discontinuation shall be sent when a decision made by the Department results in the discontinuance of the CCAP eligibility for a particular child or for the family as a whole.4.9.2RightsA. Applicants for, and beneficiaries of, the Child Care Assistance Program have the right to appeal and request a hearing during the determination of eligibility, and during the receipt of benefits. 1. In conjunction with notices informing applicants/beneficiaries of initial eligibility determinations, adverse actions, and recertifications, the DHS shall inform the family of the right to appeal and request a hearing.a. The Notice of Approval shall include information pertaining to the right to appeal the eligibility date, the amount or type of authorized services, the family's cost-sharing obligations, and any other matters related to the scope of the CCAP benefits approved.b. Notice of adverse actions shall include information pertaining to the right to appeal the DHS decision (e.g., denial, discontinuation, change in authorized services), the scope of its impact, and the basis on which the decision was made.4.9.3DutiesA. The DHS has a duty to provide the following information:1. Confirmation of Enrollment a. Upon receiving notification of enrollment of an eligible child from an approved provider, the DHS shall send a client written confirmation of an eligible child's enrollment for authorized services by the provider.b. The Confirmation of Enrollment shall specify the approved provider who enrolled the eligible child and, as such, who shall receive payment, if any is required, from the DHS for the CCAP authorized child care services. Any cost-sharing obligations for an income eligible family shall also be specified in the Approval Notice and the Confirmation of Enrollment.2. When information provided to the DHS in conjunction with the duty to report in § 4.4.3 of this Part requires a change in the CCAP authorized services, the following apply: a. If the resulting change in the CCAP authorized services does not adversely affect the family, implementation will begin, in most circumstances, on the first (1st) Sunday following the date the report was made to the DHS; orb. If the resulting change in the CCAP services has an adverse impact on the family, notice of the change shall be provided by the DHS to the family at least ten (10) days prior to the implementation date.218 R.I. Code R. 218-RICR-20-00-4.9
Amended effective 6/19/2019
Amended effective 9/2/2021
Amended effective 2/27/2022
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