Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since February 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R512. Human Services, Child and Family Services.

Rule R512-75. Rules Governing Adjudication of Consumer Complaints.

As in effect on February 1, 2019

Table of Contents

R512-75-1. Introductory Provisions.

(1) Purpose and Authority.

(a) The purpose of this rule is to define consumer complaint procedures, intended to provide for the prompt and equitable resolution of a consumer complaint filed in accordance with this rule.

(b) This rule is authorized by Section 62A-4a-102.

(2) Definitions.

(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 Child and Family Services' appropriation authority" means those expenditures that fall within Child and Family Services' budgetary parameters.

(ii) "Aggrieved Person" or "Complainant" means any person who is alleged to have been adversely affected by an act or omission of Child and Family Services or its employees.

(iii) "Child and Family Services" means the Division of Child and Family Services of the Department of Human Services, including its regional offices.

(iv) The "Department" means the Department of Human Services.

(v) The "Director" means the Director of Child and Family Services.

(vi) "Office of the Child Protection Ombudsman" means the office, separate from Child and Family Services, designated by the Department to investigate a consumer complaint regarding 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 Child and Family Services.

(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 within six months from the date of the alleged circumstances giving rise to the complaint. A complaint may be made in any form.

(b) Each complaint shall:

(i) include the aggrieved person's name, address, and phone number;

(ii) describe Child and Family Services' alleged act or omission in sufficient detail to inform Child and Family Services of the nature and date of the alleged event.

(iii) describe the action desired; and

(c) The complaint shall be provided to the Child and Family Services regional designee. The region 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 Child and Family Services' Constituent Services Office will be forwarded to the regional office or appropriate Child and Family Services staff to address the complaint. The regional office or state specialist will contact the complainant and address the complaint. The Child and Family Services regional office or Child and Family Services staff may hold meetings of the concerned parties. The review shall be conducted to the extent necessary to assure that all relevant facts are reviewed. If the complaint is resolved no further action is necessary.

(b) Within 20 calendar days of receiving the complaint, the regional office or Child and Family Services staff shall issue a written decision to the Child and Family Services 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 Child and Family Services Constituent Services Office.

(d) A complaint filed with the Child and Family Services Constituent Services Office that is not resolved to the satisfaction of the complainant shall be forwarded to the Office of the Child Protection Ombudsman. Child and Family Services shall immediately notify the aggrieved person in writing that the complaint is being forwarded to the Office of Child Protection Ombudsman. Child and Family Services will forward copies of all correspondence regarding the steps taken by Child and Family Services 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 Child and Family Services 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.

R512-75-4. Compliance with and Appeal of Recommendations of the Office of the Child Protection Ombudsman.

(1) Once the Office of the Child Protection Ombudsman completes an investigation according to the provisions of R515-1 and if recommendations are made to Child and Family Services, Child and Family Services has ten calendar days to agree with the recommendations.

(2) If Child and Family Services does not agree with the recommendation, Child and Family Services may file an appeal to the recommendations of the Office of the Child Protection Ombudsman within ten calendar 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

September 15, 2010

Notice of Continuation

October 15, 2018

Authorizing, Implemented, or Interpreted Law

62A-4a-102; 63G-2-304; 63G-2-305; 63G-2-603; 63G-4 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R512, please contact the promulgating agency (Human Services, Child and Family Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.