Section 299.800  Filing of Grievances

a)         A resident shall first attempt to resolve incidents, problems or complaints other than complaints concerning behavior review proceedings, through his or her primary therapist.  If a resident is unable to resolve a complaint informally, or if the complaint concerns a disciplinary proceeding, he or she may file a written grievance on a grievance form that shall be made available in all living units.  A grievance shall be filed within one month after the discovery of the incident, occurrence, or problem that gives rise to the grievance or within one month after the receipt of a decision concerning an informal resolution thereof.  However, if a resident can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.

b)         The grievance form shall be addressed to the Program Director and shall be deposited in the living unit mailbox or other designated repository.

c)         Staff assistance shall be available for those residents who cannot prepare their grievances unaided as determined by institutional staff.

1)         All residents shall be entitled to invoke the grievance procedure regardless of their status or classification.

2)         Each facility shall take reasonable steps to ensure that the grievance procedure is accessible to residents who are impaired or disabled.

d)         Residents must be informed of the grievance procedure and may request further information regarding the procedure from their primary therapists.

1)         The written procedure shall be available to all residents.

2)         A resident unable to speak or read the English language may request that the procedure be explained in his or her own language.

e)         Actions or reprisals may not be taken against a resident for using the grievance procedure.  A resident may submit a grievance alleging that a reprisal has been made against him or her.