31 Miss. Code. R. 9-4.7 - Grievance Procedures

1. Facility grievance procedures assure a method for the expression and resolution of youth grievances and complaints about any aspect of the facility and its operation, including medical and mental health services.

2. Every youth and the youth's parent(s) or guardian(s) have the right to file grievances without fear of retaliation.

3. Staff provide to each youth in the youth's primary language a written and verbal explanation of the grievance procedures. Both the explaining staff member and the youth sign a written grievance procedure acknowledgment form developed by the facility. Failure of the youth to sign the written acknowledgment does not invalidate an otherwise properly given written and verbal explanation of the facility's grievance procedures.

4. Informal Grievance and Resolution

a. All youth and/or the youth's parent or guardian are given the opportunity to solve their complaints informally by allowing them to express their feelings and concerns about the complaint with the shift supervisor and/or detention officer.

b. If an acceptable resolution is not attained at this level, the youth and/or parent or guardian may then choose to file a formal grievance verbally or in writing, with identification or anonymously.

c. Staff do not require youth to use any informal grievance process or otherwise attempt to resolve with staff alleged incidents of sexual abuse.

5. Formal Grievance Procedure

a. Unit staff do not interfere with the right to file a grievance by a youth, youth's parent or youth's guardian.

b. Youth have access to grievance forms and envelopes, which are located in accessible areas throughout the facility by youth, parents or guardians. Upon request, the youth is given a pencil/pen and placed in a reasonably private area, such as the recreation area, computer lab, intake room, etc., to complete the form.

c. Youth are not given a grievance form to complete while they are still exhibiting disruptive behavior.

d. Upon request, staff not involved in the basis of the grievance provide assistance to youth in executing the grievance.

e. Staff involved in the basis of the grievance are not to be in the presence of the youth as the youth completes any grievance form.

f. Upon completion of the grievance form, facility staff allows the youth to place his/her form in the grievance envelope, seal the envelope, and place the envelope in a secured grievance box.

g. Grievances may be submitted verbally and reduced to writing by staff at the youth's request.

6. Collection and Processing of Grievances

a. Each morning all grievance(s) are collected from the grievance boxes located in the facility by either the facility administrator or his/her designee.

b. On weekends and legal holidays the grievance(s) are collected each morning by the shift supervisor on duty and the shift supervisor places the unopened grievance(s) in the facility administrator or his/her designee's box and contacts the facility administrator or his/her designee to advise him/her if there are grievance(s) to review.

c. The facility administrator or his/her designee communicates with the youth within 24 hours of receiving the grievance. This communication shall be documented and preserved.

d. The grievance shall be fully investigated by the facility administrator or his/her designee.

e. Upon conclusion of the investigation, the decision is documented, and the youth is informed of initial decision in writing within three days excluding weekends and legal holidays. Staff alleged to be involved do not conduct the investigation.

f. The youth may appeal the initial decision.

g. All steps of the grievance process, including 24-hour notification, initial decision, and all appeals are documented. Youth receive responses to grievances that are respectful, legible, and address the issue(s) raised.

h. All grievances filed by parents or guardians are submitted to the facility administrator or his/her designee or the equivalent immediately.

i. If a grievance is deemed meritorious, the facility administrator or his/her designee takes appropriate action, including but not limited to, providing counseling, supplemental training, reprimand, discipline, termination of the employee, and, in appropriate cases, the filing of child abuse or criminal charges.

j. The facility administrator or his/her designee regularly analyzes grievance forms (granted and denied) for patterns or trends.

k. The facility's health authority considers grievances related to health and mental health care services as part of ongoing quality improvement activities.

7. Distribution of Grievance & Grievance Resolution

a. Once the grievance process is concluded, the original and copies of the grievance form and resolution are to be distributed as follows:

i. a copy of the grievance and resolution are given to the youth; and

ii. a copy of the grievance and resolution are maintained in the youth's file.

b. The original copy of the grievance and resolution is maintained in the grievance log, which is located in facility administrator or his/her designee's office.

Notes

31 Miss. Code. R. 9-4.7

Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016).

Amended 12/28/2019