Families and providers who are adversely affected by a CCAP decision may be able to request a review of the matter by the State of Minnesota.

Some appeals, called fair hearings, are overseen by the Department of Human Services (DHS) Appeals Division. A fair hearing is a legal process where a human services judge oversees an administrative hearing and reviews a decision made by a CCAP agency or state staff that supervise CCAP. In these hearings, families and providers and the agency that took the action can present evidence to the human service judge, including witness testimony. The human services judge then reviews the evidence and issues a recommended order for the Commissioner to accept or refuse. Families or providers may appeal a fair hearing decision by the Commissioner of Human Services to district court or request a reconsideration. Most fair hearings are decided within 90 days of the date of request for a hearing.

Other types of provider due process rights are overseen by other areas of DHS, DCYF or the Office of Administrative Hearings.

See the chapters below for more information:

15.3 Appealable Issues

15.6 Family and Provider Appeal Rights

15.9 Appeal Requests

15.12 Fair Hearing Process

15.15 Continuation of Benefits

15.18 Effect of Appeal Decision

Legal authority

Minnesota Statutes 142A.12
Minnesota Statutes 142A.20
Minnesota Statutes 142A.25
Minnesota Statutes 142A.27
Minnesota Statutes 142E.18
Minnesota Statutes 142E.19
Minnesota Statutes 142E.20
Minnesota Statutes 142E.51, subd. 5
Minnesota Statutes 142E.55, subd. 2
Minnesota Statutes 245.095
Minnesota Statutes 256.045
Minnesota Rules 3400.0230