DPSS ePolicy

To convert existing policy to new writing style only - No concept changes

Child Care Complaints

The Child Care Hotline (CCH) responds to child care-related inquiries and complaints from  providers, participants, and legal aid advocates.  When responding to complaints or inquiries, the CCH staff may find it necessary to contact the participant, respective provider,  DPSS Eligibility/GAIN/Contracted Case Management staff, including Refugee Employment Program (REP), Cal-Learn and Resource and Referral/Alternative Payment Program (R&R/APP) agency staff to clarify information.

R&R/APP Agency Complaint Policy 

The contracted  R&R/APP agencies have established complaint procedures to be utilized by participants, providers, and community advocates to resolve:

1. Child care complaints made by participants and providers against R&R/APP agencies;
2. Child care complaints made by participants and providers to legal advocates, community-based organizations, child care planning committee members, elected officials, etc.; and
3. Child care related issues between participants and providers.   

Direct Complaints made by Participants and Providers 

Participants and providers are encouraged to make a complaint to the R&R/APP agency, either verbally or in writing, within 24 hours after an incident occurred.  Agencies will respond to complaints made 24 hours after an incident has occurred.

Appeals and State Hearing (ASH) 

Only participants can file an appeal and have a right to a formal hearing if they disagree with the agencies' actions and/or decisions relating to child care.  Formal hearings may include, but are not limited to,  child care eligibility determinations, hours of child care, participant fees, etc.  For participants authorized to receive Stage 1 Child Care (S1CC), the participant has 90 calendar days from the day they receive the Notice of Action (NOA) to file for a Hearing.  A hearing will be conducted by DPSS in accordance with regulations from the California Department of Social Services (CDSS).

State Hearings provide a forum for dissatisfied participants/claimants/Authorized Representatives (AR) to obtain an impartial administrative review of the R&R/APP agency's child care case action or inaction.

Child care issues can be resolved by Straight Withdrawal, Conditional Withdrawal, or State Hearings Decision.

1. Straight Withdrawal of the State Hearing request occurs when the participant/claimant/AR receives an explanation of the action appealed and no longer disputes the action.
2. Conditional Withdrawal is when the participant/claimant/AR and ASH agree to a corrective case action or a redetermination of eligibility, which must occur within 30 calendar days of the conditional withdrawal signed by both parties.    
3. State Hearing Decision is a formal hearing with an Administrative Law Judge.

For guidance on the Appeals and State Hearing process, please refer to the Compliance Section  of ePolicy.  

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Please refer to the Definitions Template for a list of child care definitions.

Appeals  and State Hearings

Appeals and State Hearings requested by public assistance participants who have requested an appeal, including S1CC participants, are maintained and tracked via a database known as the Appeals Tracking System (ATS).  ATS facilitates the exchange of information between ASH and the S1CC contractors.  Each R&R/APP agency is alerted via ATS email and is granted access to view, download and upload documents within the specified timeline to meet compliance.    

Child Care Paid Pending (CCPP) enables the participant/claimant to remain temporarily eligible to the continued reimbursement of S1CC at the current rate and method of reimbursement, pending the resolution of the State Hearing request.   

CCPP will temporarily overturn the R&R/APP agency's proposed reduction in the amount of hours authorized for child care reimbursement, changes made to the reimbursement method for such services, or the termination of child care services. 

If the participant/claimant/AR filed a request for a Stage Hearing before the effective date of the adverse action or did not receive a timely and adequate NOA, ASH will notify the R&R/APP Agency State Hearing Liaison (ASHL) to determine eligibility to CCPP. 

Appeals and State Hearings may request CCPP at the time notification of a State Hearing request is given to the R&R/APP agency.

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