Section 29-2544. COMPLAINTS

 

2544.1The Office shall receive complaints about programs, facilities, and services provided within the Continuum of Care and shall investigate programs alleged to be out of compliance with the applicable standards set forth in sections 2515-2519 or with other requirements or agreements. 

 

2544.2Clients are encouraged to take advantage of Provider grievance procedures to resolve concerns, complaints, and conflicts, where possible.  Clients are not required, however, to pursue the Provider grievance procedure before contacting the Office regarding a complaint.

 

2544.3When the Office receives a complaint regarding alleged violations of Title II of the Americans with Disabilities Act (ADA), effective July 26, 1990 (104 Stat. 327; 42 U.S.C. §§ 12131 – 12134 (as amended), and the U.S. Attorney General’s implementing regulation, 28 C.F.R. Part 35, or other federal or local laws prohibiting discrimination on the basis of disability, the Office of Shelter Monitoring shall log in the complaint, refer the complaint to the Department’s ADA Coordinator, inform the complainant that the complaint has been referred to the ADA Coordinator and when the complainant can expect to hear from that person, and ensure that the complaint has been appropriately addressed by the ADA Coordinator by attaching the ADA Coordinator’s Findings or Report to the complaint before closing the complaint in the Office’s log.    

 

2544.4The Office shall conduct all investigations into complaints in a timely manner, taking into account the severity of the matter that is the subject of the complaint.  The Office shall provide a response to the complainant and his or her representative, if applicable, in a timely manner of the findings of the investigation, if the complainant has provided the Office with contact information.

 

2544.5The Office shall post in prominent places at each shelter site its contact information, its procedures for accepting complaints, and procedures for requesting mediation or a fair hearing.  The Office shall provide each program and shelter site with the complaint form with the Office’s contact information for use by clients.  Providers shall make the Office’s complaint form readily available to clients. 

 

2544.6Any person may file a complaint with the Office in any form, including by telephone, electronic mail, in person, or by written communication.  Complaints may be made anonymously.

 

2544.7The Office shall maintain a record of complaints received, the resolution of each complaint, and the response provided to complainant. 

 

2544.8 The Office shall make available, upon request, a copy of the findings of any investigation conducted under this section to the Provider of the program, members of the Interagency Council on Homelessness, and clients of the program. 

 

2544.9 In all activities conducted by the Office pursuant to this section, and in any findings released pursuant to subsection 2544.8, the Office shall ensure confidential treatment of the personal, social, legal, financial, educational, and medical records and information related to a client or any member of a client's family, whether obtained from the client or from any other source, consistent with confidentiality requirements of District and federal law. 
 

2544.10In seeking to resolve complaints, the Office shall encourage appropriate use of mediation, Provider grievance processes, and the fair hearing process, as appropriate. 

 

2544.11The Office shall not disclose the identity of any person who brings a complaint or provides information to the Office without the person’s consent, unless the Office determines that disclosure is unavoidable or necessary to further the ends of an inspection or investigation.

 

2544.12No public or private entity that delivers shelter or supportive housing services covered by this Chapter shall retaliate against, coerce, intimidate, threaten, or interfere with any individual who files or makes a complaint to the Office, or aids or encourages any other person to file or make a complaint to the Office.

 

authority

The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor’s Order 2006-20, dated February 13, 2006.

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7492 (August 19, 2011).