Section 29-6205. GRIEVANCE PROCEDURES

 

6205.1A grievance is a complaint based upon relations between residents, relations between residents and staff, the facility's programs and physical conditions, the use of discipline, or other issues concerning the resident's care, but not based upon alleged abuse or neglect or alleged criminal activity. A grievance may be brought by a resident or brought on a resident's behalf by his or her representative, parent(s) or guardian(s), attorney, guardian ad litem, or staff. Allegations of abuse or neglect shall be reported pursuant to § 6204. Alleged criminal activity shall be reported to the Metropolitan Police Department.

 

6205.2Each facility shall develop and follow a written plan for clear and simple grievance procedures regarding the receipt, consideration, and resolution of grievances.

 

6205.3The facility shall post a copy of the grievance procedures in the facility and explain and give a copy to each resident, and to the resident's parent(s) or guardian(s) upon admission.

 

6205.4The facility shall obtain a statement signed by each resident, and the resident's parent(s) or guardian(s), acknowledging receipt of a copy of the facility's grievance procedures or documentation of efforts made to obtain the signature.

 

6205.5The facility shall ensure that a person filing a grievance is not required to transmit a grievance through the person who is the subject of the grievance.

 

6205.6The facility shall ensure against retaliation by staff or by other residents against the person making the grievance and, where the grievance is filed by the resident's representative, parent(s) or guardian(s), attorney, guardian ad litem, or staff, the facility shall ensure against retaliation against the resident.

 

6205.7Each facility shall establish and maintain a grievance board composed of at least two staff members and one resident. The grievance board shall resolve all grievances.

 

6205.8The facility shall ask each resident filing a grievance or who is the subject of a grievance whether the resident objects to having another resident participate in the resolution of the grievance. If the resident filing the grievance or who is the subject of the grievance objects, no resident shall serve on the grievance board resolving the grievance.

 

6205.9Under no circumstances shall the resident making the grievance or who is the subject of the grievance participate on the grievance board. If the resident member of the grievance board makes a grievance or is the subject of a grievance, the facility shall appoint a separate resident to the grievance board to resolve the grievance.

 

6205.10The facility shall ensure that a grievance is resolved within fourteen (14) calendar days of the filing of the grievance.

 

6205.11The facility shall promptly inform in writing the person filing the grievance and the resident who is the subject of the grievance of the results of the grievance.

 

6205.12The facility shall file the written results of the grievance in the case record of the resident who filed or is the subject of the grievance.

 

6205.13The facility shall maintain written records of all grievances filed and all grievance decisions and, upon request, shall make those records available to the licensing agency.

 

source

Final Rulemaking published at 48 DCR 8675, 8683 (September 21, 2001).