1. (a) A person may seek review of an action or inaction of the division in the department that provides juvenile justice services by filing a grievance on a form designated by the division. The provisions of 7 AAC 54.300 - 7 AAC 54.450 and 7 AAC 54.900 regarding confidentiality of juvenile justice records apply to grievances filed under this section.
2. (b) The parties to a grievance may voluntarily discuss the case informally at any time with a department employee before the formal initiation of the grievance process. Informal discussion does not affect the time limits in this chapter.

3. (c) The grievance procedure under this section is not available to

   1. (1) a resident of a state-operated juvenile correctional facility or juvenile detention facility under 7 AAC 52.095;
   2. (2) a state employee unless the employee is also a client of the department, a client's parent or guardian, or a service provider for the department;
   3. (3) address contract services disputes;
   4. (4) appeal late payments or to contest foster care rates paid;
   5. (5) complain of child placement or child removal decisions of the department as a result of intervention under AS 47.12, except as specified in (d) of this section;
   6. (6) appeal a decision regarding grant programs that may be appealed under 7 AAC 78.310;
   7. (7) appeal a decision regarding civil rights actions covered under the department's civil rights complaint procedures;
   8. (8) appeal a decision or action taken by the department that is reviewable by the court under AS 47.12 or AS 47.14;
   9. (9) initiate, against personnel, complaints that are subject to AS 39.25 (State Personnel Act);
   10. (10) an individual restricted from receiving information about a juvenile case under 7 AAC 54.300 - 7 AAC 54.450 and 7 AAC 54.900 regarding confidentiality of juvenile records; or

   11. (11) grieve a decision, action, or inaction taken by the department if the time that has passed since that decision, action, or inaction occurred exceeds the shorter of the following periods:

       1. (A) six months after the grievant had actual notice of the decision, action, or inaction;
       2. (B) three years, regardless of whether or when the grievant had actual notice of the decision, action, or inaction.

4. (d) A foster parent may not grieve the emergency removal of a child. If a foster parent grieves the removal of a foster child on a nonemergency basis, the foster parent may request the child not be removed until the issuance of a final decision by the division director or designee under 7 AAC 54.250. The foster parent's request shall be granted unless the respective regional juvenile probation supervisor finds

   1. (1) removal is in the best interest of the child;
   2. (2) the child is being returned to the legal parent or guardian;
   3. (3) removal is in response to an allegation of abuse or neglect in the foster home; or
   4. (4) removal is ordered by a court.
5. (e) The formal grievance process begins when the grievance is received on the designated form by a department employee. Upon receipt, the department will assign each grievance a case number and enter the case into a division-wide database accessible to division personnel.
6. (f) After entry of the grievance into the database, the staff from the division shall immediately forward the grievance to the supervisor of the employee, office, or facility identified in the grievance.
7. (g) Not later than 10 days after the department receives a grievance, if the grievance process is not applicable under (c) of this section, the supervisor shall inform the grievant in writing and provide a copy of (c) of this section.
8. (h) All actions taken and decisions made on the case must be documented in the database. All documents, exhibits, and audio recordings must be preserved in the case file.

(Eff. 9/7/2013, Register 207)