Due Process and Confidentiality
An individual, parent of a minor, or guardian may appeal a termination, reduction of services or a change in services provided by Hamilton County DD Services. Current services shall continue to be provided pending final resolution.
To appeal a decision, there is a grievance procedure and/or formal appeal process. Assistance can be given by an advocate who may speak on behalf of the individual at the individual’s request.
A representative of HCDDS will assist the individual with the grievance or formal appeal process.
Timelines may be extended if mutually agreeable to all involved parties.
Individuals shall be given the toll-free number for the Ohio Department of Developmental Disabilities (ODMR/DD) and Ohio Legal Rights Service.
An individual, parent of a minor or guardian will be given written notice of the appeal rights when an individual is deemed ineligible or at least ten days before any program change.
1. Within 30 days of the denied or proposed action, the individual, parent of a minor, or guardian files a written appeal to the appropriate agency director.
2. If the individual, parents of a minor, or guardian has difficulty in reading or writing, an oral report is accepted and documented by the director receiving the report.
3. The director conducts an investigation and responds to the appeal within ten calendar days.
4. Within ten calendar days of the receipt of the director’s written decision, to include a description of the right to due process, the individual or his/her representative files a written appeal to the Superintendent/designee.
5. If the individual or his/her representative wishes to appeal the director’s decision, the following formal appeal process occurs.
Formal Appeal Process
1. Upon receipt of a request of appeal, the Superintendent/designee, within ten calendar days, meet with the party initiating the request and conduct an administrative review.
2. Within five (5) working days of the administrative review, the Superintendent’s decision is made known, in writing, to the individual or his/her representative, and includes a rationale for such decision and a description of the next step in the process.
3. If the individual or his/her representative is not satisfied with the decision of the Superintendent, a written appeal is filed with the Board of HCDDS within ten calendar days of the receipt of the Superintendent’s decision.
4. Upon receipt of a written request to appeal, the Board conducts a hearing no sooner than seven calendar days nor later than the next regularly scheduled Board meeting, at a time and place convenient to all.
5. Within five calendar days of the hearing, written notification of the Board’s decision is sent by certified mail to the individual or his/her representative. Such notification includes a rationale for the Board’s decision.
6. If an individual or representative is not satisfied with the decision of the Board, a written appeal is filed with the Director of the Ohio Department of Developmental Disabilities within fifteen calendar days of receipt of the Board’s decision.
7. The Director or his/her designee reviews the appeal within thirty calendar days of receipt of the appeal.
8. Within fourteen calendar days following the Department-level review, the Director’s decision is made known in writing to all affected parties, and includes a rationale for the decision.