1. (a) Unless filed with the office of the ombudsman pursuant to RSA 126-A:4, III, the complaint outlined in He-C 901.09 shall be reviewed and investigated by the following:

   1. (1) For a facility as defined in RSA 126-U:1, III (a) through (c), the division of children, youth, and families (DCYF) central intake;
   2. (2) For a facility as defined in RSA 126-U:1, III (d)(1), (2), and (3), the New Hampshire hospital, office of patient experience;
   3. (3) For a facility as defined in RSA 126-U:1, III (d)(4) and (5), the office of client and legal services; and
   4. (4) For a facility as defined in RSA 126-U:1, III (e) and (f), the health facilities administration.
2. (b) The investigator shall not be affiliated with any person involved in the complaint.
3. (c) If the complaint is filed by an individual other than a parent, guardian, or legal representative, the investigator shall notify the parent, guardian, or legal representative that a complaint has been filed on behalf of the child pursuant to RSA 126-U:7, I and RSA 126-U:7-a.
4. (d) The investigator shall review and accept the complaint for investigation, if the alleged facts, if true, would constitute an improper use of seclusion and restraint under RSA 126-U.
5. (e) If the complaint of improper use of seclusion and restraint under RSA 126-U is unfounded, the investigator shall deny the complaint and notify the complainant.

Source. #13135, eff 11-24-20