No. 33826 (Amendment): Rule R512-75. Rules Governing Adjudication of Consumer Complaints

(Amendment)

DAR File No.: 33826
Filed: 07/14/2010 01:40:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add a purpose and authority section and to makes language modifications.

Summary of the rule or change:

The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties revises language to bring the rule in-line with current practice.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-103
• Section 63G-2-304
• Section 62G-2-305
• Section 63G-4 et seq.
• Section 63G-2-604

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.

local governments:

There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.

small businesses:

There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule.

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

There will be no costs or savings on businesses.

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 and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at [e-mail]
• Julene Jones at the above address, by phone at 801-538-4521, 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:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Brent Platt, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-75. Rules Governing Adjudication of Consumer Complaints.

R512-75-1. Introductory Provisions.

(1) Purpose and Authority[ and Purpose].

(a) The purpose of this rule is to define[This rule defines] consumer complaint procedures ,[ in accordance with Subsection 62A-4a-102(4). These procedures are] intended to provide for the prompt and equitable resolution of a consumer complaint filed in accordance with this rule.

(b) This rule is authorized by Section 62A-4a-102.

(2) Definitions.

(a) The definitions contained in Section 63G-4-103 apply. In addition, the following terms are defined for the purposes of this section:

(i) "Absorbable within [the Division's]Child and Family Services' appropriation authority" means those expenditures that fall within [the Division's]Child and Family Services' budgetary parameters.

(ii) "Aggrieved Person" or "Complainant" means any person who is alleged to have been adversely affected by an act or omission of [the Division]Child and Family Services or its employees.

(iii)[(v)] [The "Division"]"Child and Family Services" means the Division of Child and Family Services of the Department of Human Services, including its regional offices.

(iv)[(iii)] The "Department" means the Department of Human Services.

(v)[(iv)] The "Director" means the Director of [the Division]Child and Family Services.

(vi) "Office of the Child Protection Ombudsman" means the office, separate from [the Division of] Child and Family Services, designated by the Department to investigate a consumer complaint regarding [the Division of] Child and Family Services.

(vii) "Ombudsman Service Review Analyst" means the representative from the Office of the Child Protection Ombudsman designated to investigate a consumer complaint.

(viii) "Reasonable time" means the time specified in the action plan.

 

R512-75-2. Procedures for Filing an Initial Informal Non-adjudicative Complaint With [the Division]Child and Family Services.

(1) An aggrieved person shall first make a reasonable attempt to resolve a complaint with a caseworker and the caseworker's supervisor. If resolution is not reached, a complaint may be filed with the regional office.

(2) If there is a filing of an initial complaint with a [R]regional [O]office:

(a) The complainant or aggrieved person shall make a complaint within six months[no later than 180 days] from the date of the alleged circumstances giving rise to the complaint. [Written complaints are preferred but a]A complaint may be made in any form.

(b) Each complaint shall:

(i) include the aggrieved person's name, address, and phone number[, and the names and addresses of all persons to whom a copy of the complaint shall be sent];

(ii) describe [the Division's]Child and Family Services' alleged act or omission in sufficient detail to inform [the Division]Child and Family Services of the nature and date of the alleged event.

(iii) describe the action desired; and

(c) The complaint shall be provided to the [DCFS]Child and Family Services [R]regional designee.[staff named in the complaint and filed with a regional office of the Division]. The [DCFS]region [staff named in the complaint] shall have ten working days from the date of the filing of the complaint to submit a response to the complaint.

(3) Investigation of the Complaint by the Regional Office.

(a) Complaints received by [the Division's]Child and Family Services' Constituent Services Office will be forwarded to the regional office or appropriate [DCFS]Child and Family Services staff to address the complaint. The regional office or state specialist will contact the complainant and address the complaint. The [DCFS]Child and Family Services regional office or [DCFS]Child and Family Services staff may hold meetings of the concerned parties. The review shall be conducted to the extent necessary to assure that all relevant facts are reviewed[determined and documented]. [Minutes and/or tape recordings shall be taken at the meetings.] If the complaint is resolved no further action is necessary.

(b) Within 20 calendar days of receiving the complaint, the regional office or [DCFS]Child and Family Services staff shall issue a written decision to the [Division's]Child and Family Services Constituent Services Office, setting forth its action plan to address the complaint.

(c) If a complaint filed with a regional office is not adequately addressed, the complaint shall be forwarded to the [Division's]Child and Family Services Constituent Services Office.

(d) A complaint filed with the [Division's]Child and Family Services Constituent Services Office that is not resolved [within a reasonable amount of time]to the satisfaction of the complainant shall be forwarded to the Office of the Child Protection Ombudsman. [DCFS]Child and Family Services shall immediately notify the aggrieved person in writing that the complaint is being forwarded to the Office of Child Protection Ombudsman. [The Division]Child and Family Services will forward copies of all correspondence regarding the steps taken by [the Division]Child and Family Services to address the complaint to the Office of Child Protection Ombudsman.

 

R512-75-3. Procedures for Filing an Informal Non-adjudicative Complaint With the Office of the Child Protection Ombudsman.

(1) An aggrieved person may file a complaint to decision rendered by a regional office to the Office of the Child Protection Ombudsman, or if [the Division]Child and Family Services is unable to resolve the complaint, it shall be forwarded to the Office of Child Protection Ombudsman according to the requirements of R515-1, Processing Complaints Regarding the Utah Division of Child and Family Services.

 

R512-75-4. Compliance with and Appeal of Recommendations of the Office of the Child Protection Ombudsman.

(1) Once [OCPO]the Office of the Child Protection Ombudsman completes an investigation according to the provisions of R515-1 and if recommendations are made to [the Division]Child and Family Services, [the Division]Child and Family Services has ten calendar days to agree with the recommendations.

(2) If [the Division]Child and Family Services does not agree with the recommendation, [the Division]Child and Family Services may file an appeal to the recommendations of the Office of the Child Protection Ombudsman within [10]ten calendar[s] days of receipt of the recommendations from the Office of Child Protection Ombudsman. The appeal shall be filed with the Department Executive Director and request that the recommendations be amended.

 

KEY: consumer hearing panel, grievance procedures

Date of Enactment or Last Substantive Amendment: [August 3, 2005]2010

Notice of Continuation: December 2, 2009

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 63G-2-304; 63G-2-305; 63G-2-603; 63G-4 et seq.

 

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