048-8 Wyo. Code R. §§ 8-9 - Complaint Procedures

(a) Complaints may be submitted by a parent, Regional Part C Program Providers, early intervention provider, or other entity that provides early intervention or health care to the infant or toddler or family. All complaints must be in writing and mailed to the attention of the Part C Coordinator, Wyoming Department of Health, 6101 Yellowstone Rd., Suite 220, Cheyenne, WY 82009. The Division shall, within 60 days of receiving the written complaint:

(i) Send written acknowledgement to complainant of receipt of complaint;

(ii) Carry out an independent investigation including, if necessary, an on-site visit;

(iii) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegation of the complaint;

(iv) Provide the provider with an opportunity to respond to the complaint, and provide a proposal to resolve the complaint;

(v) Review all relevant information and make an independent determination as to whether the provider is violating a requirement of these rules, 34 C.F.R. Part 303, or the IDEA; and

(vi) Issue a written decision to the complainant that addresses each allegation in the complaint, and contains:

(A) Findings of fact and conclusions;

(B) The Division's final decision, and

(C) Any agreed upon remediation efforts.

(b) During a complaint investigation the Division shall provide an opportunity for the complainant to voluntarily engage in mediation with the Regional Part C Program Provider they have a complaint about.

(c) Complaint Resolution. In resolving a complaint in which a failure to provide appropriate services has been found, the Division shall require the Early Intervention Service Provider to:

(i) Address any failure to provide appropriate services,

(ii) Take corrective action appropriate to address the needs of the child; and

(iii) Implement appropriate future provisions for services to all children who are identified as having developmental delays.

(d) Due process hearing procedures. Following the complaint resolution process, a parent or Early Intervention Services Provider may request an administrative hearing to contest any issue regarding the identification, evaluation, or placement of an infant or toddler, or the provision of early intervention services to the infant or toddler or family. Notice, opportunity for hearing, and hearing procedures shall be in accordance with the procedural safeguards established in 34 C.F.R. Part 303, Subpart E.

(e) Hearings under this section shall be governed by the OAH Contested Case Rules, which have been incorporated by reference under these rules.

(f) Within ten (10) business days of receiving a request for an Administrative Hearing, the Division will notify the parent and the Regional Part C Program Provider via certified mail that the request has been received along with information regarding the process and timelines for Administrative Hearings.

(g) Child's status during proceedings. During the pendency of any administrative or judicial proceeding regarding a due process hearing, unless the parents of the child agree otherwise, the child that is the subject of the dispute must remain in his or her current services.

Notes

048-8 Wyo. Code R. §§ 8-9

Adopted, Eff. 2/8/2019.