8 Colo. Code Regs. § 1405-1-5.122

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.122 - STATE COMPLAINT PROCEDURES

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

A. A Certified Early Intervention Service Broker shall ensure that state procedures for filing a complaint are widely disseminated to parents or guardians and other interested individuals within its designated service area, including parent training centers, protection and advocacy agencies, and other appropriate entities.

B. In resolving a complaint in which there is a finding of failure to provide appropriate early intervention services to an eligible child, the following shall be addressed:

1. The remediation of the denial of an Early Intervention Service, 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

2. The provision of appropriate future early intervention services for all eligible infants and toddlers and their families.

C. An organization or individual may file a written signed complaint using the state form or in another written format that includes the following information:

1. A statement of the alleged violation of rules or statutes;

2. The facts on which the complaint is based;

3. The signature and contact information for the complainant and, if alleging violations with respect to a specific child, the name and address of the residence of the child;

4. The name of the provider serving the child;

5. A description of the nature of the problem regarding the child, including facts relating to the problem; and

6. A proposed resolution of the problem to the extent known.

D. An alleged violation shall have occurred not more than one (1) year before the date that the complaint is received by the Department.

E. The party filing the complaint shall forward a copy of the complaint to the public agency or provider serving the child at the same time the party files the complaint with the Department.

F. A complaint shall be reviewed within sixty (60) calendar days after it is filed under this process to:

1. Carry out an independent on-site investigation, if the Department determines that such an investigation is necessary;

2. Provide the complainant with the opportunity to submit additional information, either orally or in writing, about the allegation(s) included in the complaint;

3. Provide the public agency or provider with an opportunity to respond to the complaint, including a proposal to resolve the complaint;

4. Provide an opportunity for the parent or guardian who has filed a complaint and for the agency or provider to voluntarily engage in mediation;

5. Review all relevant information and make an independent determination as to whether the agency is violating a requirement under Rules 5.100-5.124; and

6. Issue a written decision to the complainant within sixty (60) calendar days that addresses each allegation within the complaint and contains the following:

a. Findings of fact and conclusions; and

b. Reasons for the final decision made by the Department.

G. An extension of the sixty (60) calendar day time limit may be granted if determined necessary by the Department.

H. The following activities may be imposed by the Department on a Certified Early Intervention Service Broker:

1. Technical assistance activities;

2. Negotiations; and

3. Corrective actions to achieve compliance.

I. If a written complaint is received that is also the subject of a due process hearing, or contains multiple issues, of which one or more are part of that hearing, the following shall apply:

1. Any part of the complaint that is being addressed in the due process hearing procedures as defined in Rule 5.120 may be set aside until the conclusion of the hearing;

2. Any issue of the complaint that is not a part of the due process hearing procedures may be resolved within sixty (60) calendar days using the complaint procedures described in Rule 5.120; or

3. The complaint alleging that a public agency or private service provider failed to implement a due process decision may be resolved by the Lead Agency.

8 CCR 1405-1-5.122

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024