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 October 1, 2019, please see the codification segue page.

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


R515. Human Services, Child Protection Ombudsman (Office of).

Rule R515-1. Processing Complaints Regarding the Utah Division of Child and Family Services.

As in effect on October 1, 2019

Table of Contents

R515-1-1. Purpose.

(1) The purpose of this rule is to outline the processing of complaints regarding the Utah Division of Child and Family Services.

R515-1-2. Statutory Authority.

(1) Pursuant to Section 62A-4a-208, the Office of Child Protection Ombudsman is authorized to receive and investigate complaints regarding the Utah Division of Child and Family Services and develop rules relating to Office procedures.

R515-1-3. Definitions.

(1) "Ombudsman's Office" means the Office of Child Protection Ombudsman.

(2) "Complainant" means a Person who files a complaint with the Ombudsman's Office.

(3) "Division" means the Utah Division of Child and Family Services.

(4) "Services Review Analyst" means an employee of the Ombudsman's Office assigned to conduct investigations of complaints.

(5) "Complaint" means a grievance filed with the Ombudsman's Office regarding the Division or its employees.

R515-1-4. Receiving and Processing Complaints.

(1) The complainant may file a written, oral, or electronic complaint with the Ombudsman's Office no later than 18 months from the date of the alleged circumstances giving rise to the complaint.

(2) The complaint shall include:

(a) A summary of the alleged circumstances giving rise to the complaint.

(b) The names of persons involved in the complaint.

(c) A summary of the actions taken by the complainant to resolve the complaint.

(d) The anticipated outcome the complainant is seeking.

(e) The complainant may request that the Ombudsman's Office conduct an investigation of the complaint.

(3) If there has been no attempt to resolve the complaint with the Division, the Ombudsman's Office may refer the complaint to the Division for a response.

(4) The Ombudsman's Office will notify the complainant in writing of the decision made to accept or deny an investigation request.

(5) If an investigation request is accepted the Services Review Analyst shall:

(a) Interview the complainant and gather information as necessary to determine the validity of the complaint.

(b) Document the findings of the investigation.

(c) Make recommendations to the Division to address the complaints found to be valid as needed. The Division must respond as per R512-75-4.

(6) The investigation will be completed within 180 days from the date of filing the complaint, taking into consideration extenuating circumstances such as the complexity of the case or workload.

(7) The Ombudsman's Office will notify the complainant in writing upon the completion of the investigation.

(8) If a complaint indicates there is an immediate risk to the safety of a child or children, the Ombudsman's Office will immediately notify the Division.

KEY

complaint, DCFS, ombudsman, investigation

Date of Enactment or Last Substantive Amendment

February 1, 2006

Notice of Continuation

June 30, 2015

Authorizing, Implemented, or Interpreted Law

62A-4a-208(4)


Additional Information

Contact

For questions regarding the content or application of rules under Title R515, please contact the promulgating agency (Human Services, Child Protection Ombudsman (Office of)). 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.