Grievance Procedures for Committed Youth In Residential Facilities

PURPOSE: This rule insures that youth in Division of Youth Services (DYS) residential facilities have a process to submit grievances, and establishes a formal procedure for DYS to respond to those grievances. (1) Any youth who has a grievance may submit their grievance in written form to the group leader or first line supervisor. Following receipt of the written grievance,the group leader and first line supervisor shall discuss the matter within five (5) working days and then subsequently interview the youth. A written decision shall be issued to the youth within three (3) working days after the interview. Copies of this decision shall be distributed to the youth, parent(s)/guardian(s), service coordinator, site supervisor, and regional administrator. If the decision is not satisfactory to the youth, the youth may present the grievance to the site supervisor, or next supervisor in line within five (5) days of the original decision. The site supervisor may—a) review the grievance and, after meeting with staff, prepare a response within five (5) working days; or b) convene a grievance committee of three (3) staff members, one (1) of which is the designated chairperson, to hear the grievance. The youth will be advised of the date the grievance committee will consider their complaint and the youth may request that any person represent them at the hearing. The youth will have the right to cross-examine, call witnesses, or present any testimony in their behalf. (2) The findings of the grievance committee will be final. Records of action taken will be kept on file for future reference concerning policy or future complaints on the part of the youth. The youth will be given a copy of the findings and of other information they desire. (3) The grievance committee should be appointed by the site supervisor of the facility. The membership of this committee should represent a cross-section of the facility. This committee shall consist of impartial members and this impartiality will be monitored by the site supervisor. Provision to disqualify any member who is directly involved in a particular grievance should be established. (4) It shall be the duty of the site supervisor of each program to oversee the implementation of the grievance procedure and interpret to youth and staff the following areas which will be considered for grievances: 1) physical abuse; 2) staff allowing physical abuse to a youth by another youth; 3) lack of medical or dental treatment; 4) no opportunity for three (3) meals per day; 5) verbal abuse by staff; 6) lack of opportunity for recreational activities; 7) lack of opportunity for education; 8) infringements upon religious tenets; and 9) discrimination based upon a youth’s race, color, religion, sex, national origin, age, or disability. (5) If in the implementation of this procedure, a staff member practices prejudice against the youth who has filed the grievance and this prejudice is found to be a result of the youth’s complaint, the staff member concerned shall be subject to immediate dismissal. AUTHORITY: sections 219.036 and 660.017, RSMo 2016.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. Amended: Filed April 18, 2018, effective Nov. 30, 2018. *Original authority: 219.036, RSMo 1975, amended 1993 and 660.017, RSMo 1993, amended 1995.