Utah Admin. Code R500-1-3 - Receiving and Processing Complaints

(1) The complainant may file a written, oral, or electronic complaint with the office no later than 18 months from the date of the alleged circumstances giving rise to the complaint.

(2) The complaint shall include:

(a) a summary of the alleged circumstances giving rise to the complaint;

(b) the names of persons involved in the complaint;

(c) a summary of the actions taken by the complainant to resolve the complaint;

(d) the anticipated outcome the complainant is seeking; and

(e) if the complainant desires, a request that the office conduct an investigation of the complaint.

(3) If there has been no attempt to resolve the complaint with the division, the office may refer the complaint to the division for a response.

(4) If the complaint remains unresolved after referral back to the division, the office may review the records and may contact the involved parties. The office shall make reasonable efforts to facilitate resolution with the division and the complainant.

(5) If the complaint remains unresolved after efforts by the office to facilitate resolution, the office shall determine whether to investigate the complaint, and shall notify the complainant and division in writing of the decision made to accept or deny the investigation request.

(6) If the ombudsman decides not to investigate the complaint, the office shall notify the complainant and the division of the reason for the decision.

(7) If an investigation request is accepted the services review analyst shall:

(a) interview the complainant and gather information as necessary to determine the validity of the complaint;

(b) document the findings of the investigation; and

(c) make recommendations to the division to address the complaints found to be valid as needed. The division must respond in accordance with Section R512-75-5.

(8) The investigation will be completed within 180 days from the date of filing the complaint, taking into consideration extenuating circumstances such as the complexity of the case or workload.

(9) The office will notify the complainant and division in writing upon the completion of the investigation.

(10) If a complaint indicates there is an immediate risk to the safety of a child or children, the office will immediately notify the division.

(11) The office shall prioritize complaints alleging acts or omissions that place a child's health or safety at risk.

Notes

Utah Admin. Code R500-1-3

Adopted by Utah State Bulletin Number 2024-05, effective 2/22/2024