7 AAC 54.220. Procedure: informal meeting

(a) An aggrieved individual shall submit a written complaint, on a form provided by the division, stating the specific concern and stating the desired relief sought. The aggrieved individual shall submit the complaint to the supervisor of the person whose actions are being grieved. The supervisor will provide a copy of the procedures in 7 AAC 54.210 - 7 AAC 54.240 to the aggrieved individual. Within three working days after receiving the complaint, the supervisor will determine

(1) the nature of the complaint;

(2) whether the action or inaction of the division is part of the complaint and, if so, the specific actions or inactions alleged as the basis of the complaint; and

(3) whether use of the grievance procedure in 7 AAC 54.210 - 7 AAC 54.240 is applicable.

(b) If the supervisor determines that the grievance procedure in 7 AAC 54.210 - 7 AAC 54.240 is not applicable, the supervisor will notify the complainant and the regional administrator in writing of the reasons why the grievance procedure does not apply and what other course of action the complainant may pursue. The complainant may appeal to the regional administrator a supervisor's decision that the grievance procedure does not apply. If the regional administrator made the initial decision, the complainant may appeal to the director.

(c) A foster parent may submit a stop removal request to the regional administrator that a child not be removed from the foster home during grievance procedure action; however, it is within the division's authority to make the decision. The regional administrator will consider a stop removal request made by a foster parent unless the intended removal plan is a result of an allegation of abuse or neglect in the foster home, or a court order.

(d) If the complaint involves an action of a division staff member who is directly supervised by the regional administrator, the complainant shall file the written complaint with the regional administrator. The regional administrator will make a recommendation to the director.

(e) If the supervisor determines that the grievance should be processed under the procedure in 7 AAC 54.210 - 7 AAC 54.240, the supervisor will contact the complainant to schedule an informal meeting with the complainant and the involved division staff. The supervisor will schedule the informal meeting to be held within 10 working days after receipt of the complaint by the supervisor, unless one or more of the individuals entitled to participate is unable to attend for good cause within that period. The person unable to attend shall submit the reasons in writing, and the supervisor will schedule the meeting to be held within five calendar days after the day the person becomes available to attend.

(f) The supervisor will conduct the meeting in an informal manner. Each individual will be permitted to state his or her understanding of the facts at issue in the complaint and suggestions for resolution. Upon the agreement of the parties, the supervisor will, in his or her discretion, use teleconferencing to conduct the informal meeting. If more than one grievance is filed, the supervisor may schedule more than one informal meeting or may consolidate the grievances. If more than one informal meeting is necessary, the supervisor will schedule subsequent meetings to be held as soon as possible.

(g) The provisions of 7 AAC 54.010 - 7 AAC 54.150 and 7 AAC 54.900 regarding confidentiality of information on clients apply to the grievance procedure in 7 AAC 54.210 - 7 AAC 54.240.

(h) At the conclusion of the informal meeting the supervisor will complete a grievance procedure meeting summary form including what action, if any, was or will be taken. The supervisor and parties involved shall sign and receive a copy of the completed grievance procedure meeting summary form. Signature on the form indicates agreement with the summary of the meeting as described on the form.

(i) If a resolution is not agreed upon in the meeting, the supervisor will, within five working days after the final informal meeting, complete a written statement of the supervisor's proposed resolution and mail it to all parties. The supervisor will include the grounds for the complaint, a statement of the facts, actions taken or planned to resolve the complaint, a statement of the right to request a review of the supervisor's proposed resolution by a regional appeal panel appointed by the division director, and the name and office address of the regional manager or administrator. The supervisor will also inform the complainant of the right to include a statement for the regional appeal panel's review.

(j) The complainant may accept the supervisor's proposed resolution or may request a regional appeal panel review. A complainant who requests a regional appeal panel review shall submit the request in writing to the regional administrator within 15 working days after receipt of the supervisor's proposed resolution.

(k) The division will, in its discretion, grant a waiver of the procedures in this section if the division determines that a waiver will result in the division's ability to reach a more informed decision.

History: Eff. 5/4/90, Register 114; am 11/16/94, Register 132

Authority: AS 47.05.010

AS 47.14.010

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