Section He-M 204.08 - Formal Resolution(a) The complaint investigator shall investigate and attempt to resolve the complaint to the satisfaction of the individual within 20 business days of receipt of a complaint or after the individual requests initiation of the formal resolution process unless the complainant authorizes an extension.(b) The complaint investigator, if necessary to develop relevant facts, shall: (1) Interview: e. Any witnesses to any incident on which the complaint is based; andf. Any clinical consultant whom the investigator utilizes to assist with the investigation; and(2) Review information in the individual's record, policies and procedures, any physical and forensic evidence, and any other documents.(c) Agencies shall allow designated complaint investigators unfettered access to the agency premises, staff, training records, and files of individuals who are the subjects of complaints, and any other agency documents or information relevant to the complaint investigation unless otherwise restricted by law.(d) Two or more complaints involving the same act or incident shall be consolidated and treated as one complaint provided that: (1) Separate notices and copies of resolutions shall be sent to each individual; and(2) Each individual shall be given the opportunity to accept or appeal such resolution.(e) The respondent may be represented by counsel during the interview conducted by the complaint investigator. However, the complaint investigator shall not share confidential information about the individual with the respondent or the respondent's attorney without the permission of the individual.(f) The complaint investigator shall prepare and submit a report to the bureau administrator which includes: (1) The nature of the allegations; (2) A summary of the issues presented, including those that arose during the investigation;(3) The names of persons interviewed during the formal resolution process;(4) The investigatory findings of fact;(5) The dates of any reports made to BEAS or DCYF; and(6) A list of all documents reviewed.(g) Based upon a review of the report submitted in accordance with (f) above, the bureau administrator shall determine whether or not the complaint is founded or unfounded within 10 business days of receiving the report.(h) The bureau administrator shall issue a decision that includes: (1) Whether or not the complaint is founded;(2) The basis for the determination;(3) The corrective action that will be implemented; and(4) The appeal procedure.(i) The bureau administrator shall forward to the individual and the agency: (1) The complaint investigator's report; and(2) The written final decision.(j) CMHPs or community mental health providers shall implement corrective actions included in (h) above within 20 business days of the date of the decision.(k) The CMHP or community mental health provider shall provide documentation of implementation of corrective actions in accordance with (h) above to the bureau administrator no later than 20 days from the date of the decision.N.H. Admin. Code § He-M 204.08
(See Revision Note at part heading for He-M 204) #5868, eff 7-15-94, EXPIRED 7-15-00
New. #9850, eff 1-20-11
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12731, Effective 2/22/2019, Expires 8/21/2019.Amended by Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12878, Effective 9/25/2019.