Section 400.4132. Grievance procedures.

Rule  132.   (1)  An  agency   shall  have  and  follow  a  written  grievance  handling procedure for residents and their families. All of the following apply:

(a)    The policy shall be provided to residents, their families, and referring sources prior to or at admission.

(b)   The policy shall be explained in a language the resident and his or her family can understand.

(c)    There shall be written acknowledgement the policy was provided as required in subdivision (a) of this subrule.

(2)   The procedure shall provide for all of the following:

(a)   Safeguarding the legal rights of residents and their families.

(b)    Addressing matters that relate to compliance with the act, rules promulgated under the act, and the agency's written policies and procedures regarding services covered by these rules.

(c)   Delineating the method of initiating the procedure.

(d)  Specifying time frames for decisions.

(3)   In a secure juvenile justice facility that uses room confinement as a behavioral sanction, the procedure shall provide for all of the following:

(a)    Before the sanction begins, but not later than 24 hours after confinement for misconduct, an opportunity for the resident to be heard by a trained impartial fact finder designated by the chief administrator, has no personal knowledge of the incident, and has the authority to release the resident from confinement.

(b)   Staff assistance in preparing and presenting his or her grievance or defense.

(c)   A meaningful process of appeal.

(4)     An  agency  shall   provide  a  grievant  with   a  written  copy  of  the   grievance resolution.

History: 1983 AACS; 2015 AACS.