§ 10A-1-9-120. Grievance procedures for foster parents.
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A. The Department of Human Services and child-placing agencies shall each establish grievance procedures for foster parents with whom such state agencies or child-placing agencies contract.
B. The procedures established shall contain the following minimum requirements:
1. Resolution of disputes with foster parents shall be accomplished quickly, informally and at the lowest possible level, but shall provide for access to impartial arbitration by management level personnel within the central office; and
2. Prompt resolution of grievances within established time frames.
C. The Department and child-placing agency shall designate an employee to receive and process foster care grievances.
D. The Department and child-placing agency shall maintain records of each grievance filed as well as summary information about the number, nature and outcome of all grievances filed. Agencies shall keep records of grievances separate and apart from other foster parent files. A foster parent or a former foster parent shall have a right of access to the record of grievances such person filed after the procedure has been completed.
E. 1. Each foster parent shall have the right, without fear of reprisal or discrimination, to present grievances with respect to the providing of foster care services.
2. The Department shall promptly initiate a plan of corrective discipline including, but not limited to, dismissal of any Department employee or cancellation or nonrenewal of the contract of a child-placing agency determined by the state agency, through an investigation to have retaliated or discriminated against a foster parent who has:
a.filed a grievance pursuant to the provisions of this section,
b.provided information to any official or Department employee, or
c.testified, assisted, or otherwise participated in an investigation, proceeding or hearing against the Department or the child-placing agency.
3. The provisions of this subsection shall not be construed to include any complaint by the foster parent resulting from an administrative, civil or criminal action taken by the employee or child-placing agency for violations of law or rules, or contract provisions by the foster parent.
Added by Laws 1996, c. 353, § 13, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 17, eff. Nov. 1, 1997; Laws 1999, c. 396, § 14, emerg. eff. June 10, 1999; Laws 2009, c. 233, § 105, emerg. eff. May 21, 2009. Renumbered from § 7213 of Title 10 by Laws 2009, c. 233, § 312, emerg. eff. May 21, 2009.