DAR File No. 28401

Human Services, Child Protection Ombudsman (Office of)

R515-1

Processing Complaints Regarding the Utah Division of Child and Family Services

NOTICE OF PROPOSED RULE

DAR File No.: 28401
Filed: 12/09/2005, 08:40
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:

The proposed new 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 time frames; notifying complainants and the DCFS regarding the results of an investigation; and making recommendations based on the investigative findings.

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 of Utah.

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 complaints 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:

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 cacook@utah.gov

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:

01/31/2006

This rule may become effective on:

02/01/2006

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 and develop rules relating to Office procedures.

R515-1-3. Definitions.

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

(2) "Complainant" means a 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) The complaint shall include:

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

(b) The names of persons involved in the complaint.

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

(d) The anticipated outcome the complainant is seeking.

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

(3) 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.

(4) The Ombudsman's Office will notify the complainant in writing of the decision made to accept or deny an investigation request.

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

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

(b) Document the findings of the investigation.

(c) Make recommendations to the Division to address the complaints found to be valid as needed. The Division must respond as per R512-75-4.

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

(7) The Ombudsman's Office will notify the complainant in writing upon the completion of the investigation.

(8) 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

2006

62A-4a-208(4)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Cook at the above address, by phone at 801-538-4626, by FAX at 801-538-3942, or by Internet E-mail at cacook@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.