5124-4-03 Notice: emergency referral of complaint; deficiencies.

(A) When a complaint is directed to the ombudsman section pursuant to paragraph (B) of rule 5124-4-02 of the Administrative Code, the section shall acknowledge the receipt of a complaint from outside of the legal rights service by sending written notice to the source of the complaint by first class mail no more than seven days after it receives the complaint. The source may waive the written notice if the source wishes to remain confidential.

(B) Unless doing so would impede the investigation, delay resolution of the complaint, or compromise the interests of the person, the ombudsman section may provide written notice by first class mail to the department of mental retardation and developmental disabilities or the department of mental health, and any other appropriate agency or authority within seven days after receiving the complaint.

(C) Whenever the administrator of the LRS determines that a complaint suggests an immediate and substantial threat to the health or safety of a person the ombudsman section shall, pursuant to division (B)(3) of section 5123.601 of the Revised Code, immediately refer it to the department of mental retardation and developmental disabilities or the department of mental health or to any other appropriate agency or authority by telephone or by any other form of communication. Written acknowledgment of the complaint shall follow immediately, by sending notice to the department. agency or authority by first-class mail

(D) The department, agency, or authority shall report in writing to the ombudsman section on its actions and finding within forty-eight hours of receiving a referral under paragraph (C) of this rule.

(E) Within seven days after identifying a deficiency, the ombudsman section shall refer the matter in writing by first class mail or by personal delivery to the appropriate agency.

(F) The agency shall report in writing to the ombudsman section on its actions and finding, within seven days of receiving a referral under paragraph (E) of this rule.

Eff 3-23-87 (Emer.); 6-26-87; 7-18-87; 5-10-98

Rule promulgated under: RC 119.03

Rule authorized by: RC 5123.601

Rule amplifies: RC 5123.601 to 5123.604

Replaces in part former 5124-4-04 and 5124-4-06

119.032 REVIEW DATE: May 10, 2003