As in effect on June 1, 2008
(1) Authority and Purpose.
(a) 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.
(2) Definitions.
(a) The definitions contained in Section 63-46b-2 apply. In addition, the following terms are defined for the purposes of this section:
(i) "Absorbable within the Division's appropriation authority" means those expenditures that fall within the Division's 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 or its employees.
(iii) The "Department" means the Department of Human Services.
(iv) The "Director" means the Director of the Division.
(v) The "Division" means the Division of Child and Family Services of the Department of Human Services, including its regional offices.
(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.
(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 Regional Office:
(a) The complainant or aggrieved person shall make a complaint no later than 180 days from the date of the alleged circumstances giving rise to the complaint. Written complaints are preferred but 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 alleged act or omission in sufficient detail to inform the Division of the nature and date of the alleged event.
(iii) describe the action desired; and
(c) The complaint shall be provided to the DCFS Regional staff named in the complaint and filed with a regional office of the Division. The DCFS 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 Constituent Services Office will be forwarded to the regional office or appropriate DCFS staff to address the complaint. The regional office or state specialist will contact the complainant and address the complaint. The DCFS regional office or DCFS staff may hold meetings of the concerned parties. The review shall be conducted to the extent necessary to assure that all relevant facts are 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 staff shall issue a written decision to the Division's 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 Constituent Services Office.
A complaint filed with the Division's Constituent Services Office that is not resolved within a reasonable amount of time shall be forwarded to the Office of the Child Protection Ombudsman. DCFS shall immediately notify the aggrieved person in writing that the complaint is being forwarded to the Office of Child Protection Ombudsman. The Division will forward copies of all correspondence regarding the steps taken by the Division to address the complaint to the Office of 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 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.
(1) Once OCPO completes an investigation according to the provisions of R515-1 and if recommendations are made to the Division, the Division has ten days to agree with the recommendations.
(2) If the Division does not agree with the recommendation, the Division may file an appeal to the recommendations of the Office of the Child Protection Ombudsman within 10 calendars 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.
consumer hearing panel, grievance procedures
August 3, 2005
May 12, 2005
62A-4a-102; 63-2-303; 63-2-304; 63-2-603; 63-46b
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