(a)
- (1) Division of Youth Services facilities and contracted programs shall afford youth in division custody the right to submit a grievance regarding any action, condition, or circumstance the youth considers to be unjust.
(2) Grievable actions include without limitation:
- (A) Placement;
- (B) Treatment plan issues;
- (C) Medical care;
- (D) Education;
- (E) Disciplinary actions;
- (F) Quality of life; and
- (G) Any action or injury caused by a division staff, contractor, volunteer, or other youth.
(b)
(1) Grievance procedures shall:
- (A) Provide for the review and resolution by one (1) or more impartial persons;
- (B) Establish timelines for resolution not to exceed fifteen (15) days for nonemergency grievances; and
- (C)
(i) Establish timelines for emergency grievances to be addressed by medical personnel within twenty-four (24) hours of receipt of the written grievance.
- (ii) If no medical personnel are available on Saturday or Sunday, then those days shall be excluded from the twenty-four-hour calculation.
- (2) Grievance procedures shall not impede the division from taking immediate action to protect the health and safety of youth.
(3) Any decision by the Director of the Division of Youth Services shall be considered final.
- (c)
- (1) Division facilities and contracted programs may establish their own formal or informal practices for resolution of grievances, subject to division approval, but shall not require youth to exhaust those remedies before submitting a grievance under this policy.
(2) A facility, program, staff member, or contractor shall not impede a youth in submitting a grievance under this policy.
- (d) Authorized family members, attorneys, advocates, and other representatives may submit grievances on behalf of youth who lack capacity to submit on their own behalf.
(e)
(1) Grievance rights and procedures shall be posted prominently in English and Spanish in facility:
- (A) Dorms;
- (B) Classrooms;
- (C) Dining areas;
- (D) Visitation areas; and
- (E) Administrative areas.
- (2) Youth and authorized family members shall be informed of these procedures orally and in writing within twenty-four (24) hours of placement at a facility or program.
- (f) Youth who file a grievance shall not be subject to discipline or any adverse action pertaining to or in retaliation for filing the grievance, regardless of the outcome.