File No. 33826
This rule was published in the August 1, 2010, issue (Vol. 2010, No. 15) of the Utah State Bulletin.
Human Services, Child and Family Services
Rules Governing Adjudication of Consumer Complaints
Notice of Proposed Rule
DAR File No.: 33826
Filed: 07/14/2010 01:40:14 PM
Purpose of the rule or reason for the change:
This rule is being changed to add a purpose and authority section and to makes language modifications.
Summary of the rule or change:
The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties revises language to bring the rule in-line with current practice.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-102
- Section 62A-4a-103
- Section 63G-2-304
- Section 62G-2-305
- Section 63G-4 et seq.
- Section 63G-2-604
Anticipated cost or savings to:
the state budget:
There will be no increase in cost or savings to the state budget because these proposed changes add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.
There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.
There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.
persons other than small businesses, businesses, or local governmental entities:
There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
There are no compliance costs for affected persons associated with implementing the changes to this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no costs or savings on businesses.
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:Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at email@example.com
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-75. Rules Governing Adjudication of Consumer Complaints.
R512-75-1. Introductory Provisions.
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.
(a) The definitions contained in Section 63G-4-103 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.
(v)] [ The "Division"] means the Division of
Child and Family Services of the Department of Human Services,
including its regional offices.
(iii)] The "Department" means the
Department of Human Services.
(iv)] The "Director" means the Director
of [ the Division].
(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.
R512-75-2. Procedures for Filing an Initial Informal Non-adjudicative Complaint With [
(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 [
R]egional [ O]ffice:
(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
(iii) describe the action desired; and
(c) The complaint shall be provided to the
DCFS] [ R]egional
[ 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
(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.
R512-75-3. Procedures for Filing an Informal Non-adjudicative Complaint With the Office of the 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
R512-75-4. Compliance with and Appeal of Recommendations of the Office of the Child Protection Ombudsman.
(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] calendar[ s] 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.
KEY: consumer hearing panel, grievance procedures
Date of Enactment or Last Substantive Amendment: [
August 3, 2005]
Notice of Continuation: December 2, 2009
Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 63G-2-304; 63G-2-305; 63G-2-603; 63G-4
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at email@example.com; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org.