Current through Register Vol. 39, No. 6, September 16, 2024
(a) Each state
facility shall have a written procedure to process clients' formal grievances
in a fair, timely, and impartial manner. The grievance procedure shall specify
that it is not intended to cover informal verbal expressions of dissatisfaction
or discontent which can be resolved informally.
(b) The grievance procedure shall include the
following:
(1) a provision stating that
grievances may be filed on behalf of a client by:
(A) the client;
(B) the legally responsible person of a minor
client or incompetent adult client;
(C) the internal client advocate;
or
(D) any other competent adult,
including a state facility employee, who has been designated by the client and
given written consent to bring a grievance on his behalf;
(2) a provision requiring grievances to be
filed in writing and a copy sent to the internal client advocate;
(3) a provision specifying the progressive
steps of the grievance process and state facility employees by position
responsible for hearing the grievance at each step. Such provision shall state
whether the State Facility's Human Rights Committee shall be included in the
progression. (The absence of such a provision shall in no way prevent clients
from presenting their concerns to the Human Rights Committee at any time. Such
a provision would simply include it in the routine progression.) The
progression should begin at a level closest to the client such as the client's
responsible professional and, if unresolved, progress through the
organizational structure of the state facility. The treatment team and the
State Facility Director shall be included in the progression;
(4) a provision specifying the number of days
for action to be taken at each level;
(5) a provision specifying required written
documentation for the grievance including, at a minimum, a description of the
grievance, all parties involved, dates and actions taken at each step and
specifying state facility employees responsible for such documentation and
where in administrative files the record of documentation shall be filed;
and
(6) a provision stating that
the State Facility Director shall make a final decision regarding the grievance
before the client may request review of the decision by the Division according
to Rule .0204 of this Section.
(c) All final decisions relative to
grievances filed on behalf of clients shall be reviewed by the Human Rights
Committee whenever such review is in accordance with
10A NCAC
28A .0209.
(d) The State Facility Director shall submit
a written report at least annually to the Human Rights Committee and internal
client advocates which documents the number, nature, and resolution of
grievances at the state facility for the previous year.
Authority
G.S.
143B-147;
Eff. October 1,
1984;
Amended Eff. April 1, 1990; July 1, 1989;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. March 6,
2018.
