Memo Series DCFS 97-11, issued on November 11, 1997, relates to appeals of decisions under the Kinship Care Program. In the first paragraph under the section entitled "Criminal Background" of that memo, it is indicated that, if a denial is made because of a negative criminal background, the appeal would be to "The Director of the County Department of Human/Social Services (or his or her designee) or the designee of the governing body of a Tribe, if the Tribe is administering the Kinship Care Program."

The actual legislation creating this appeal process (which was attached to DCFS 97-11) indicates that appeals should be to "the director of the county department, the person designated by the governing body of a federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services." In other words, there is no allowance in this statute for the Director of a county department to designate the responsibility to decide on appeals under the Kinship Care program.

I regret any confusion this may have caused.