3701-8-08 Procedural safeguards.

(A) Children and their families eligible for the HMG home visiting program may file a complaint through the county family and children first council’s dispute resolution process as required by section 121.37 of the Revised Code.

(B) The department, as the lead agency shall establish procedural safeguards that are consistent with part C regulations. The department in partnership with the state and county family and children first councils is responsible for assuring effective implementation of these procedural safeguards by each state or local agency or a private agency in the state that is involved in the provision of part C services. The department assures implementation through the following activities:

(1) Disseminating written guidance regarding procedural safeguards to:

(a) County family and children first councils;

(b) Help me grow project directors;

(c) Centralized intake and referral sites;

(d) County boards of developmental disabilities;

(e) County departments of job and family services; and

(f) The family support consultant network;

(2) Entering into interagency agreements with the department of developmental disabilities and the department of job and family services, which includes the agreement to work together to consistently implement the part C procedural safeguards, regulations and other applicable policies; and

(3) Monitoring county compliance with this rule.

(C) The department shall develop and assure the implementation of a process for the resolution of complaints regarding the provision of part C services. The process shall specify the procedure for:

(1) Filing a complaint with the county FCFC;

(2) Filing a complaint with the department;

(3) Resolving the dispute through mediation or an administrative hearing within thirty days from receipt of the request for mediation or an administrative hearing; and

(4) Resolving the dispute through investigation by the lead agency within sixty calendar days from receipt of the complaint.

(D) Each county FCFC shall develop and maintain a resolution process for complaints, which shall be consistent with part C.

(1) The FCFC shall notify the department of the complaint in writing (via electronic or U.S. mail or facsimile) within seven calendar days of receipt of the complaint; and

(2) The FCFC shall issue a written decision to the complainant and the department within thirty calendar days from receipt of the complaint.

(E) Each provider of part C services may develop and maintain a resolution process for complaints which shall be consistent with part C. If the provider has a resolution process for complaints:

(1) The provider of part C services shall notify the department and the FCFC of the complaint in writing (via electronic or U.S. mail or facsimile) within seven calendar days of receipt of the complaint; and

(2) The provider of part C services shall issue a written decision to the complainant, FCFC and the department within thirty calendar days from receipt of the complaint.

(F) Upon receiving a complaint, the department, FCFC or provider shall:

(1) Assure the individual registering the complaint has a copy of the procedural safeguards; and

(2) Explain the options available for dispute resolution.

(G) If the department receives notice that a complaint regarding part C services was filed with the county FCFC or a provider, the department shall monitor the resolution process to assure that the complaint is resolved by the county FCFC or provider within thirty calendar days. If the complaint is not resolved within thirty calendar days, the department shall notify the complainant, the county FCFC and the provider, if applicable, that complainant may select one of the following:

(1) To have the department investigate the complaint in accordance with paragraph (C)(4) of this rule. If this option is selected, the department shall assure that the complaint is investigated and resolved within sixty calendar days from the date the county FCFC or provider received the complaint; and

(2) To mediate and/or to go to an administrative hearing in accordance with paragraph (C)(3) of this rule. The department shall assure that if the complainant selects mediation and/or administrative hearing, the hearing is completed within thirty days from receipt of the request for mediation and/or administrative hearing.

(H) Unless the state or other agencies and parents of a child otherwise agree, the child and family must continue to receive appropriate part C services currently being provided, during the resolution of disputes arising under part C. If the complaint involves the initiation of one or more services under this part, the child and family must receive those services that are not in dispute.

(I) The procedural safeguards policy and process is posted on the Ohiohelpmegrow.org website.

Effective: 07/16/2010

R.C. 119.032 review dates: 04/16/2010 and 01/16/2012

Promulgated Under: 119.03

Statutory Authority: 3701.61

Rule Amplifies: 3701.61, Section 289.20 of Am.Sub. H.B. 1 (128th

G.A.) Prior Effective Dates: 8/8/2005