CHICAGO – A union representing child and day care home providers participating in the Illinois Department of Human Services Child Care Assistant Program (CCAP) has filed a suit to stop the enforcement of a rule regarding CCAP providers and training.
Service Employees International Union Healthcare Illinois & Indiana filed a complaint on Sept. 26 in Cook County Circuit Court against the Illinois Department of Human Services challenging the agency's enforcement of a Mandatory Training Rule requiring CCAP providers to "obtain substantial, unpaid training in order to continue to receive funding through CCAP," the suit states. The suit states the rule was implemented in November 2016 and the deadline for compliance was Sept. 30.
The plaintiff alleges that because the defendant did not initiate or complete the Illinois Administrative Procedure Act (APA) rulemaking procedures before implementing or enforcing the rule, it is void and unenforceable.
The plaintiff seeks to enjoin the defendant from implementation and enforcement of the Mandatory Training Rule, expenses of litigation, attorney fees, and further relief. It is represented by Robert E. Bloch, David P. Lichtman and George A. Luscombe III of Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich in Chicago.
Cook County Circuit Court case number 18-CH-12095