1. (a) The department shall respond to any complaint that meets the following conditions:

   1. (1) The alleged violation occurred not more than 6 months prior to the date the department was made aware of the allegation;
   2. (2) The complaint is based upon the complainant’s first-hand knowledge regarding the allegation or on information reported directly to the complainant by a child who has first-hand knowledge regarding the allegation;
   3. (3) There is sufficient specific information for the department to determine that the allegation, if proven to be true, would constitute a violation of any of the provisions of He-C 6917; or

   4. (4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

      1. a. Physical injury or abuse;
      2. b. Verbal or emotional abuse; or
      3. c. The danger of physical injury to one or more children.
2. (b) A complaint investigation shall be conducted when the department receives a complaint which meets the conditions specified in (a) above and which contains an allegation of violation of He-C 6917.
3. (c) When the complaint is determined to be founded, a monitoring statement shall be issued listing the violations found as a result of the investigation, and any other violations found during the visit, which shall be considered and treated as a finding of a complaint visit.
4. (d) When the complaint is determined to be unfounded, a notice shall be sent to the provider advising that the complaint was unfounded.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.18)