Current through Register Vol. 47, No. 17, September 10, 2024
This rule is promulgated pursuant to section
26.5-3-403, C.R.S.
A. A Certified Early Intervention Service
Broker shall ensure that state procedures for filing a complaint are widely
disseminated to parents or guardians and other interested individuals within
its designated service area, including parent training centers, protection and
advocacy agencies, and other appropriate entities.
B. In resolving a complaint in which there is
a finding of failure to provide appropriate early intervention services to an
eligible child, the following shall be addressed:
1. The remediation of the denial of an Early
Intervention Service, including, as appropriate, the awarding of monetary
reimbursement or other corrective action appropriate to the needs of the child
and the child's family; and
2. The
provision of appropriate future early intervention services for all eligible
infants and toddlers and their families.
C. An organization or individual may file a
written signed complaint using the state form or in another written format that
includes the following information:
1. A
statement of the alleged violation of rules or statutes;
2. The facts on which the complaint is
based;
3. The signature and contact
information for the complainant and, if alleging violations with respect to a
specific child, the name and address of the residence of the child;
4. The name of the provider serving the
child;
5. A description of the
nature of the problem regarding the child, including facts relating to the
problem; and
6. A proposed
resolution of the problem to the extent known.
D. An alleged violation shall have occurred
not more than one (1) year before the date that the complaint is received by
the Department.
E. The party filing
the complaint shall forward a copy of the complaint to the public agency or
provider serving the child at the same time the party files the complaint with
the Department.
F. A complaint
shall be reviewed within sixty (60) calendar days after it is filed under this
process to:
1. Carry out an independent
on-site investigation, if the Department determines that such an investigation
is necessary;
2. Provide the
complainant with the opportunity to submit additional information, either
orally or in writing, about the allegation(s) included in the
complaint;
3. Provide the public
agency or provider with an opportunity to respond to the complaint, including a
proposal to resolve the complaint;
4. Provide an opportunity for the parent or
guardian who has filed a complaint and for the agency or provider to
voluntarily engage in mediation;
5.
Review all relevant information and make an independent determination as to
whether the agency is violating a requirement under Rules 5.100-5.124;
and
6. Issue a written decision to
the complainant within sixty (60) calendar days that addresses each allegation
within the complaint and contains the following:
a. Findings of fact and conclusions;
and
b. Reasons for the final
decision made by the Department.
G. An extension of the sixty (60) calendar
day time limit may be granted if determined necessary by the
Department.
H. The following
activities may be imposed by the Department on a Certified Early Intervention
Service Broker:
1. Technical assistance
activities;
2. Negotiations;
and
3. Corrective actions to
achieve compliance.
I.
If a written complaint is received that is also the subject of a due process
hearing, or contains multiple issues, of which one or more are part of that
hearing, the following shall apply:
1. Any
part of the complaint that is being addressed in the due process hearing
procedures as defined in Rule
5.120 may be set aside until
the conclusion of the hearing;
2.
Any issue of the complaint that is not a part of the due process hearing
procedures may be resolved within sixty (60) calendar days using the complaint
procedures described in Rule 5.120; or
3. The complaint alleging that a public
agency or private service provider failed to implement a due process decision
may be resolved by the Lead Agency.
