Department for Community Based Services

Standards of Practice Online Manual

30.3 Service Complaints

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 30-Quality Assurance and Organizational Integrity
Effective:
12/3/2010
Section:
30.3 Service Complaints
Version:
1

When a section of SOP has been revised users will see the following: Added {This is added material}, Deleted {This is deleted material}. The bold and strikethroughs will appear on the site for fifteen (15) days after a modification and will then be removed.

Legal Authority/Introduction

LEGAL AUTHORITY:

Certain matters that occur during a case are not appealable through an administrative hearing.  In these instances, a client may make a written complaint about such a matter.  This is known as a service complaint.

Procedure

The SRA or designee:

  1. Provides a written response to the complainant within thirty (30) calendar days of receipt of a request for resolution;
  2. Submits a monthly complaint tracking system report to the DCBS Commissioner or designee, which documents the:
    1. Number of service complaints;
    2. The nature of each complaint; and
    3. The region’s response to each complaint.

Practice Guidance

  • Circumstances that are not appealable as described in SOP 30.1 Service Appeals or SOP 30.2 CAPTA Appeals, but may be addressed through the service complaint process are:
    • Decision to deny:
      • Approval of an individual seeking to provide foster or adoptive services in accordance with 922 KAR 1:350 or 922 KAR 1:310; or
      • A caretaker relative approval as a kinship caregiver if the caretaker relative fails to meet the provisions of 922 KAR 1:130, Section 5;
    • Removal of a foster child from a resource home if the resource home parent or another individual residing in the home has been found by the Cabinet to have abused, neglected or exploited a child and the:
      • Resource home parent or other individual waived the right to appeal the substantiated incident;
    • Removal of a child from a resource home for the purpose of:
      • Uniting or reuniting the child with a sibling at the next placement;
    • Closure of a resource home if the Cabinet has not placed a child in the home within the previous two (2) years;
    • Closure of a resource home according to terms of the contract between the Cabinet and the resource home;
    • Any situation by which state or federal law requires adjustment of a payment or grant, except when a payment or grant computation is incorrect;
    • Decision to not recommend a resource home parent in accordance with 922 KAR 1:350, Section 9(12) for enrollment in specialized training as an emergency shelter, medically fragile, specialized medically fragile or care plus resource home;
    • A complaint of discrimination. 1

 

  • An individual may submit a written request to the service region administrator (SRA) or designee within thirty (30) calendar days after the date of the Cabinet     action or alleged act.
  • The complainant may also contact the Cabinet’s Office of Ombudsman if the matter was not previously reviewed by that office.
 

Footnotes

  1. These are to be files with the Cabinet's Equal Opportunity Office.

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