340:110-1-54. Grievance policy and procedure
(a) Grievance policy.The residential program or child-placing agency owner, director, or administrator may submit a grievance regarding the enforcement of any written or unwritten policy, rule, or regulation of Child Care Services (CCS) or a CCS employee decision affecting the program.Grievances must be received within 30-calendar days of the documented non-compliance or substantiated complaint allegation.A grievance is not accepted concerning an Emergency Order, request for license denial, license revocation, or Restricted Registry registration.
(b) Grievance procedure.Individuals wanting to submit a grievance are encouraged to seek informal resolution of his or her concerns by contacting the programs manager, who attempts to resolve the matter. • 1
(1) When a resolution cannot be reached at the local level or through verbal conversation with CCS State Office staff, the grievant is instructed to submit one written grievance request with the programs manager.Grievances must be received within 15-calendar days of this communication.Written grievances are forwarded when additional reviews are requested.
(2) The programs manager notifies the statewide licensing coordinator a formal grievance was received and efforts were made to resolve the issue.The programs manager responds to written grievances within 10-Department of Human Services (DHS) business days of receipt.The grievant is informed additional review requests must be received within 15-calendar days of the correspondence date. • 2 through 4
(3) When the grievant is not satisfied with the proposed resolution, he or she may request statewide licensing coordinator review.The grievant is informed he or she may request Child Care Advisory Committee (CCAC) Peer Review Board review, prior to statewide licensing coordinator review.The statewide licensing coordinator forwards information to the Peer Review Board, when applicable or proceeds with the review.
(5) The statewide licensing coordinator notifies the grievant of the CCS decision within 10-DHS business days or when applicable 10-DHS business days of Peer Review Board advisement receipt.The grievant is informed additional review requests must be received within 15-calendar days of the correspondence date. • 3 & 4
(6) When the grievant is not satisfied with the proposed resolution, he or she may request review by the CCS director, Children's Service director and Director of Human Services (Director), respectively.The CCS director, AFS director and Director each respond within 10-DHS business days of receipt.The grievant is informed additional review requests must be received within 15-calendar days of the correspondence date.The Director's decision is final. • 4
(c) Grievance procedures against a CCS employee.A residential program or child-placing agency may submit a grievance about a CCS employee who retaliated against a program or program employee.Grievances must be received within 30-calendar days of the alleged incident.Reports are investigated regardless of the grievant's decision to remain anonymous. • 5
(1) The grievant is referred to the programs manager, who attempts to resolve the matter.
(2) When the grievant is not satisfied with the proposed resolution at the programs manager level, the grievant is referred to an assistant licensing coordinator.The assistant licensing coordinator:
(A) requests the allegations be submitted in writing; however, written submission is not required;
(B) investigates the allegations; and
(C) provides written investigation results to the grievant, when contact information is available.
(3) The assistant licensing coordinator's decision is final; however, the grievant may request the CCS director review the finding.
INSTRUCTIONS TO STAFF 340:110-1-54
1.When the programs manager determines the non-compliance is accurate, grievance tracking information is entered in the Licensing database.When the programs manager is able to determine a non-compliance should not have been documented:
(1) the programs manager insures the non-compliance is removed from the Licensing database, when applicable;
(2) documents the decision on Form 07LC080E, Licensing Services Supplemental Information; and
(3) provides a copy of Form 07LC080E, to the program.
2.When a written grievance is submitted, the programs manager removes the non-compliance or complaint finding in question from the Licensing database until a final decision is reached.
3.When the grievance decision is reached at each level, correspondence indicating the decision and grievance timeframes is provided to the grievant.Grievance tracking information is entered in the Licensing database.
4.When the final grievance decision is reached:
(1) correspondence indicating the decision is provided to the grievant and when applicable, the correspondence is forwarded to CCS;
(2) correspondence copies are placed in the program's case file; and
(3) appropriate action is taken to reflect the decision in the Licensing database.
5.The grievant is required to disclose the name of the involved CCS employee(s) and his or her residential program or child-placing agency.