No. 27772 (New Rule): R515-1. Processing Complaints Regarding the Utah Division of Child and Family Services

DAR File No.: 27772
Filed: 03/16/2005, 08:56
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Pursuant to Subsection 62A-4a-208(4), the Office of Child Protection Ombudsman is required to make rules regarding the receiving, processing, and investigation of complaints regarding the Utah Division of Child and Family Services (DCFS).

 

Summary of the rule or change:

This proposed rule outlines the receiving and processing of complaints; notification to complainants and DCFS regarding a decision to investigate or to decline to investigate a complaint; prioritizing workload; investigative timeframes; notifying complainants and the DCFS regarding the results of investigations; and making recommendations based on the findings and results of recommendations.

 

State statutory or constitutional authorization for this rule:

Subsection 62A-4a-208(4)

 

Anticipated cost or savings to:

the state budget:

None--This is an existing process that already has an existing budget. Therefore there are no costs or savings to the state.

 

local governments:

None--This process only affects DCFS and has no affect on local government.

 

other persons:

None--This rule is related only to the receiving and processing of complaints from persons with a grievance regarding DCFS. There is no cost to the individuals filing a complaint.

 

Compliance costs for affected persons:

None--This rule is related only to the receiving and processing of complaints from persons with a grievance regarding DCFS. There is no cost to the individuals filing a complaint.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does not have any fiscal impact on any businesses as it is a rule related only to the receiving and processing of complainants regarding DCFS. Lisa-Michele Church, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child Protection Ombudsman (Office of)
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Carol Cook at the above address, by phone at 801-538-4626, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/16/2005

 

This rule may become effective on:

07/30/2005

 

Authorized by:

Lisa-Michele Church, Executive Director

 

 

RULE TEXT

R515. Human Services, Child Protection Ombudsman (Office of).

R515-1. Processing Complaints Regarding the Utah Division of Child and Family Services.

R515-1-1. Purpose.

(1) The purpose of this rule is to outline the processing of complaints regarding the Utah Division of Child and Family Services.

 

R515-1-2. Statutory Authority.

(1) Pursuant to Section 62A-4a-208, the Office of Child Protection Ombudsman is authorized to receive and investigate complaints regarding the Utah Division of Child and Family Services.

 

R515-1-3. Definitions.

(1) "Ombudsman's Office" means the Office of Child Protection Ombudsman.

(2) "Complainant" means any person who files a complaint with the Ombudsman's Office.

(3) "Division" means the Utah Division of Child and Family Services.

(4) "Services Review Analyst" means an employee of the Ombudsman's Office assigned to conduct investigations of complaints.

(5) "Complaint" means a grievance filed with the Ombudsman's Office regarding the Division or its employees.

 

R515-1-4. Receiving and Processing Complaints.

(1) The complainant may file a written, oral, or electronic complaint with the Ombudsman's Office no later than 18 months from the date of the alleged circumstances giving rise to the complaint.

(2) An electronic complaint may be filed at http://www.hsocpo.utah.gov/file_complaint.htm.

(3) The complaint will include:

(a) A summary of the alleged circumstances giving rise to the complaint.

(b) The persons involved in the complaint.

(c) A summary of the actions taken by the complainant to resolve the complaint.

(i) If there has been no attempt to resolve the complaint with the Division, the Ombudsman's Office may refer the complaint to the Division for a response.

(d) The anticipated outcome the complainant is seeking.

(e) The complainant may request that the Ombudsman's Office conduct an investigation of the complaint.

(4) The Ombudsman's Office will send the complainant a Notice of Agency Action regarding the decision made to accept or deny an investigation request.

(a) If an investigation request is accepted the Services Review Analyst shall:

(i) Interview the complainant and gather information as necessary to determine the validity of the complaint.

(ii) Document the findings of the investigation.

(iii) May make recommendations to the Division to address the complaints found to be valid.

(b) The investigation will be completed within 180 days from the date of file the complaint, taking into consideration extenuating circumstances such as the complexity of the case or workload.

(6) The Ombudsman's Office will notify the complainant upon the completion of the investigation by issuing a Notice of Agency Action.

(7) If a complaint indicates there is an immediate risk to the safety of a child or children, the Ombudsman's Office will immediately notify the Division.

 

KEY: complaint, DCFS, ombudsman, investigation

2005

62A-4a-208(4)