Section 52171 - Complaint Investigation(a) Within 60 days of receipt of the complaint the Department of Developmental Services shall: (1) Assign the investigation of the complaint to a state interagency team or to the appropriate state agency that is responsible for the administration of the regional center, LEA or any private service provider receiving funds under Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445, named in the complaint, which shall:(A) Conduct an investigation, on-site if necessary; and(B) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;(2) Review all relevant information and make a determination as to whether there has been a violation of a statutory or regulatory requirement contained in:(A) Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445;(B) The Federal regulations pertaining to Part C of the Individuals with Disabilities Education Act;(C) The California Early Intervention Services Act, Government Code Sections 95000- 95030;(D) Regulations contained in this chapter;(E) Welfare and Institutions Code, Division 4.5, Chapter 5, beginning with Section 4500; or,(F) Education Code beginning with Sections 56425 through 56431.(3) Provide a written decision to all parties which addresses each allegation and includes: (A) Findings and conclusions;(B) The reasons for the final decision;(C) The required corrective actions;(D) Time lines for completion of the corrective actions; and,(E) Provisions for technical assistance.(4) If the decision of the Department of Developmental Services includes remedies for denial of appropriate services, the remedies may include: (A) Actions to remediate denial of those services, including as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child and the child's family, and(B) Actions to assure that services are provided appropriately in the future for infants and toddlers with disabilities and their families(b) An extension of the time limit under paragraph (a) of this Section shall be made by the Department of Developmental Services when events beyond the control of the Department of Developmental Services occur including but not limited to the complainant's illness, the complainant's absence from the geographical area, inability to locate the complainant, or a natural disaster.(c) If a written complaint is received that is also the subject of a due process hearing pursuant to 34 CFR 303.420 and 17 CCR 52172 and 52174, or contains multiple issues, of which one or more are part of that hearing, the Department of Developmental Services shall set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. Any issue in the complaint that is not part of the due process action will be resolved by the Department of Developmental Services within the 60 calendar-day time line using the complaint procedures described in this section.(d) If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties, the hearing decision is binding, and the Department of Developmental Services shall inform the complainant to that effect.(e) The Department of Developmental Services shall resolve any complaint alleging the failure of a public agency or private service provider to implement a due process decision.Cal. Code Regs. Tit. 17, § 52171
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of section heading (Register 98, No. 5).
3. New section, including amendment of NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (a)(1), (a)(2)(A) and (B) and NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
6. Repealer and new subsection (a)(4), new subsections (a)(4)(A), (a)(4)(B) and (c)-(e) and amendment of NOTE filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3). Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 303.510-303.512, Title 34 Code of Federal Regulations; and Section 52007(g), Government Code.
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of section heading (Register 98, No. 5).
3. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (a)(1), (a)(2)(A) and (B) and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
6. Repealer and new subsection (a)(4), new subsections (a)(4)(A), (a)(4)(B) and (c)-(e) and amendment of Note filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).