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402 Client's Rights
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Realize the Applicant and/or Recipient has the following rights and explain the rights to the Applicant/recipient. A. To apply for benefits: 1. Upon request and without delay; 2. On the prescribed form(s) obtained in person or by mail; 3. During regular business hours; 4. In the county of residence (unless a neighboring county has been approved by DFS-FO); or 5.
B. To be accompanied at interviews by a person(s) of his/her choice. C. To designate, in writing, an Authorized representative when applying for or receiving Child Care or SNAP:
1. To assist with the Application process and/or interview; 2. To apply for benefits on the client’s behalf; and/or 3. To receive and use SNAP benefits on the client’s behalf.
D. To request a waiver of the in-office interview when applying for SNAP when: 1.
The assistance unit is unable to come to the DFS-FO
due to a hardship; and/or 2. The assistance unit is unable to appoint an authorized representative. a. Schedule and conduct a Home visit or telephone interview; b. Require the Assistance unit to provide the needed Verification(s); (1) Accept a collateral contact in cases when requiring documentary evidence would delay processing the Application; and (2) Document the Case record. | E. To have the application and other personally identifiable information maintained confidential except as necessary to determine eligibility or to comply with state or federal law. (see Section 403)
F. To be informed about:
1. The purpose of the program, eligibility factors, verifications needed and the POWER performance requirements which must be met in order to receive a POWER benefit each Month; 2. The choice of participating in either the Indian commodity Distribution program or the SNAP program prior to any benefits being authorized; 3. The length of time benefits are certified/authorized; 4. The rights and responsibilities of applicants/recipients; 5. Other Available DFS and non-DFS programs. G.
To withdraw the application at any time for a Child Care
or POWER benefit:
1. Document the Case record when a withdrawal is requested either in writing or verbally; 2. Generate the withdrawal notice;
3. See Section 1208 for possible POWER penalties.
H.
To voluntarily request, either in writing or verbally, to withdraw
the application at any time prior to the determination of eligibility
for a SNAP benefit:
1.
Document in the case record the reason for withdrawal, if any
was stated by the assistance unit, and that contact was made with
the assistance unit to confirm the withdrawal; 2.
The assistance unit shall be advised of its right to re-apply
at any time subsequent to a withdrawal; 3.
Generate a notice stating the client withdrew the application. I.
To freedom of choice to select the child care provider as long
as the provider is licensed or exempt from licensing requirements.
(see Attachment A)
J.
To notification in writing of the decision to approve or deny
the application
and/or the reason for nonpayment of POWER
due to noncompliance when
applicable.
K.
To a notice of Adverse
action within the specified time frames for the program.
(see
Section 1400 )
L.
To an explanation of the right to request an administrative hearing within 30 days from the date of a notice of adverse action for Child Care and POWER and within 90 days from the date of a notice of adverse action for SNAP.
M.
To continue SNAP benefits, unless the certification period has expired, pending an administrative hearing when the hearing is requested within ten days of the notice of adverse action (Child Care and POWER are not continued)
N.
To reapply following denial or termination
of benefits.
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O.
To child care consumer information.
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P.
To be interviewed on the date
of application or must have an interview scheduled for a specific
date and time when the application
is filed.
Q.
To file a discrimination complaint regarding her/his civil rights
with the:
1.
DFS-FO; 2.
DFS-SO (Field Operations or Programs and Policy Division); 3. Food and Consumer Service, Mountain Plains Region, 1244 Speer Blvd., Suite 903, Denver, CO 80204; 4. USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). | |||
R.
To be informed DFS will report to CIS the name, address and
other identifying information of any individual who is known to be
unlawfully in the U.S.
S.
To
request a review of her/his child Support
case and to request the child support
order be amended to reflect the current situation of the child(ren)
and her/his parent(s).
T.
To apply for non-Public assistance child
support services for a fee when POWER
is denied.
U.
An unemancipated Minor
parent has the right to apply on his/her own behalf if s/he is
living in the Household
of a parent or in a Supervised
setting with an Adult
relative, a Court
appointed Guardian or
Custodian.
V. An emancipated minor or parent age 18 and over must apply on his/her own behalf and cannot be included in his/her parents' assistance unit, even if living in his/her parents' household. W. A Native American and other minority clients have the right to equal access to POWER services even when the services are available under a tribal program. ************************************************************************************ NOTES: | ||||