D.C. Mun. Regs. tit. 29, r. 29-6305

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-6305 - GRIEVANCE PROCEDURE

6305.1

In this section:

(a) "Grievance" means a formal complaint concerning interactions between residents, interactions between residents and staff, the independent living program's services and physical conditions, resident discipline, or other issues concerning the resident's care. A grievance may not be based upon alleged abuse or neglect, or alleged criminal activity, or other risks to residents' health and safety.

(b) "Person who is the subject of the grievance" means the resident or staff member whose action or behavior is complained about in the grievance.

6305.2

A grievance may be brought by:

(a) A resident;

(b) A resident's representative, parent(s), or guardian(s) on behalf of the resident; or

(c) A staff member on behalf of a resident.

6305.3

An allegation of abuse, neglect, or other risk to a resident's health and safety shall be reported pursuant to § 6304.3. Alleged criminal activity shall be reported pursuant to § 6319, as appropriate, and to the law enforcement agency in the jurisdiction in which the offense allegedly occurred.

6305.4

An independent living program shall develop and follow a written procedure regarding the receipt, consideration, and resolution of grievances. The grievance procedure shall be clear and concise. The grievance procedure shall include:

(a) A process for filing a grievance that does not require the grievance to be filed or transmitted through the person who is the subject of the grievance;

(b) A prohibition against retaliation by staff or other residents against the person making the grievance, the resident on whose behalf the grievance was filed, and the person who is the subject of the grievance; and

(c) A process for enforcing the prohibition set forth in § 6305.4(b).

6305.5

An independent living program shall conspicuously post a copy of the grievance procedure in the main facility and place a copy in each resident handbook.

6305.6

An independent living program shall explain and give a copy of the grievance procedure to each resident upon admission to the independent living program in accordance with §§ 6340.3(a) and (g).

6305.7

An independent living program shall establish and maintain a grievance board composed of at least two staff members and one resident. The grievance board shall hear and attempt to resolve all grievances.

6305.8

The following individuals may not serve on the grievance board for a particular grievance:

(a) A resident or staff member who filed the grievance;

(b) A resident or staff member who is the subject of the grievance; and

(c) A resident or staff member who is otherwise involved in the grievance.

6305.9

An independent living program shall appoint a separate resident or staff member, as appropriate, to the grievance board to resolve the grievance if a grievance board member may not serve on the grievance board pursuant to § 6305.8.

6305.10

The grievance board shall resolve the grievance within fourteen (14) days of the filing of the grievance.

6305.11

Promptly after resolving the grievance, an independent living program shall provide written notice of the results to the person filing the grievance, the resident on whose behalf the grievance was filed, and the person who is the subject of the grievance.

6305.12

The independent living program shall file the written results of the grievance in the case records of the resident who filed the grievance, the resident on whose behalf the grievance was filed, and the resident who is the subject of the grievance.

6305.13

The independent living program shall maintain written records of all grievances and all grievance decisions and, upon request, shall make those records available to CFSA.

D.C. Mun. Regs. tit. 29, r. 29-6305

Final Rulemaking published at 49 DCR 1591 (February 22, 2002)