Rights and Responsibilities:

 

 

Persons served have a number of rights regarding the manner in which services are provided. If they believe that these rights have been violated, that they have not been treated with respect and courtesy, or that services have been inappropriate or insufficient, there are timely steps which they can take to voice their concerns, expect to be heard, and receive a response.

 

There is a formal procedure for reviewing complaints which cannot be resolved in the satisfaction of the person served through discussion with the agency personnel. It is a process established to address complaints about the resolution/disposition resulting from an assessment of abuse or neglect; or about complaints regarding services covered by a case plan, namely: a) substandard service; b) change in service; c) withdrawal of a service; or d) failure to provide a mandated service as described in the case plan.

 

When addressing adoption related complaints there is a special requirement that a face to face meeting with the adoptive applicant, prospective adoptive family or adoptive family must be held within ten days of receipt of the “Grievance Form.” The adoptive family caseworker and the Executive Director/designee must be in attendance at this meeting.

 

A.        This grievance review and appeal procedure is to be used by: parents, custodians, legal guardians, kinship care providers, applicants or providers of approved adult-supervised living arrangements, foster/adoptive parents/applicants, parties to a case plan, and children. Additionally, alleged perpetrators who disagree with the disposition of the case may also utilize this procedure.

 

            B.        Exceptions not eligible for grievance review and appeal procedure:

1)         Removal of a child resulting from a court order

2)         Removal of a child pending the outcome of an assessment in response to a report of                   child abuse or neglect allegedly committed by any member of the foster home

3)         Removal of a child based on revocation of the foster home license or certificate

4)         Removal of a child who has been placed on a voluntary basis by a parent or custodian      

5)         Cases involving any court action       

           

C.        Exceptions will be handled in accordance with existing state and federal laws, rules, policies, and procedures and in accordance with the Washington County Memorandum of Understanding.

 

A.        The “Introduction to WCCS” pamphlet includes information about the right to file a complaint by persons served. This pamphlet is distributed by various methods: hand-delivered upon the initial contact, available in the lobby, or sent via mail. A worker will review the pamphlet’s contents about rights, responsibilities, and complaints during the first face to face visit or via telephone and the person served will be requested to sign a Statement of Acknowledgement that will be placed in the agency record. If persons served have special communication needs an interpreter will be provided by the agency.

B.        The disposition letter sent to the alleged perpetrator following an abuse/neglect investigation contains language advising of the right to appeal the case disposition through the Complaint/Grievance Procedure and the specifics on how to obtain a copy of the Complaint/Grievance Brochure.

 

C.        The Complaint and Grievance Brochure and a Grievance Form will be provided in person or sent via mail to any person wanting to file a complaint within 3 working days of receiving the request.                

The person who is affected by the concern/problem must make the complaint. The complaint shall be initiated within 30 days of the activity causing concern. The complainant is required to discuss their concerns with the involved employee.

 

If the complaint is not resolved in Step 1, the complainant must contact the involved employee’s immediate supervisor within 5 working days of discussing the concerns with the involved employee to discuss their complaint.  The supervisor will investigate the concern and report back to the complainant via telephone and/or in writing within 10 working days.   If the person served does not contact the immediate supervisor or fails to respond to the supervisor who has attempted contact with the complainant within 5 working days, the complaint is considered resolved.

 

If the complaint is not resolved in Step 2, the complainant is then required to request a face to face meeting to discuss the problem with the involved employee, their immediate supervisor and a non involved agency staff member other than the Executive Director/Designee. If the person served does not request a meeting within 5 working days of discussing the concerns with the supervisor, the complaint is considered resolved.

                       

If the complaint is not resolved in Step 3, the complainant shall complete and submit a written statement (on the “Grievance Form”) describing the  concerns to the Executive Director within 10 working days of the face to face meeting. If the person served does not submit their concerns in writing to the Executive Director within the required time frame, the complaint is considered resolved.

 

Upon receipt of the “Grievance Form,” the Executive Director/Designee will investigate and respond in writing to the complainant within 15 working days. The decision of the Executive Director/Designee shall be final.

 

D.       All adoption-related complaints shall follow steps 1 & 2. If the complaint has not been resolved after completing step 2, the complainant must complete and submit a written statement describing the concern on the “Grievance Form” to the Executive Director within 10 working days of discussing the concern with the supervisor. A face to face meeting with the adoptive applicant, prospective adoptive family or adoptive family requesting the review, the adoptive family caseworker and the Executive Director/Designee will be scheduled within 10 days of receipt of the “Grievance Form.”

 

E.        All complaints must be resolved within 90 days. Extenuating circumstances will be evaluated on a case by case basis.

 

F.         Washington County Children Services will provide barrier specific and/or individualized services to individuals with hearing or visual impairment or who speak a language other than English.

 

A.        Complaints Regarding Rights of Persons Served or Foster/Adoptive Caregivers/Applicants Concerns

 

Families have the right to request a state hearing when they do not agree with a decision regarding their adoption federal or state subsidy request; or if a family believes that an adoptive placement was denied or will be denied solely for the reasons of geographic location of the family. Requests for a state hearing can be made directly through the local agency or by contacting ODJFS at Ohio Department of Job and Family Services, Bureau of State Hearings, PO Box 182825, Columbus, Ohio 43218-2825.

 

Complaints regarding allegation of Discriminatory act, policies or practices in the foster or adoption process that involve race, color, or national origin can follow the attached procedure, Complaints of Discrimination in the Foster Care/Adoption Process, addressing those concerns.

 

            B.        Complaints Regarding the Disposition of an Assessment of Abuse/Neglect

 

If the person alleged to have caused abuse/neglect disagrees with the disposition a formal appeal may be filed by using the Complaint/Grievance Procedure. When this grievance process results in a change or the disposition of a child abuse or neglect report, the agency information shall immediately update the statewide automated child welfare database according to procedures contained in Rule 5101:2-35-16 of the Administrative code.

 

C.        Complaints Regarding Case Plan Services

 

If a complaint involves disagreement with a case plan which has been filed with the court, the person served should contact his/her attorney about filing a motion to have the court review the plan. If a complaint involves a disagreement with a case plan in a voluntary case the grievance procedure shall be followed.

 

 

Complaints regarding State policies, rules and regulations should be directed to:

                       

 Ohio Department of Job and Family Services

                        Office for Families and Children

                        255 E. Main Street 3^rd floor

                        Columbus, OH 43215

                        1-866-886-3537 Option 4

 

 

 

 

Complaints regarding Foster Care/Adoption Services should be directed to:

 

Ohio Department of Job and Family Services

                        State Hearing Department

                        P.O. Box 182825

                        Columbus, OH 43218-2825

                        1-866-635-3748

 

Complaints regarding licensed counselors and/or social workers should be directed to:

 

                        Ohio Counselor, Social Worker, and Marriage and Family Therapist Board

                        77 South High Street, 16^th floor

                        Columbus, OH 43215

                        1-866-635-3748

 

Complaints regarding discrimination due to disabilities should be directed to:

 

                        Ohio Legal Rights Service

                        8 East Long St, 5^th Floor

                        Columbus, OH 43266

                        1-800-282-9181

 

Complaints regarding violations of civil rights should be directed to:

 

                        U.S. Department of Health and Human Services

                        Office for Civil Rights, Region V

                        233 North Michigan Ave., Suite 240

                        Chicago, Illinois 60601

                        1-312-886-2359

 

All activities associated with a grievance review shall be documented in the case record.

 

The Complaint and Grievance procedure and Grievance Form will be given to all persons served upon request.

 

New staff will receive information about the Complaint & Grievance Procedure during orientation within three working days of the request.                                   

 

All staff will adhere to this procedure.

 

 

Upon approval.

 

           

Complaint and Grievance Review Policy (Brochure)

            Grievance Form

 

Procedure Section Code: All Agency

 

 

Date Approved: 10-22-01                                                                 _______________________
                                                                                                                        Dave Copen

Revision Date: 5/23/05, 1/4/06, 11/30/06

Next Review Date: 5/23/06, 1/4/07, 11/30/07