N.Y. Comp. Codes R. & Regs. tit. 9 § 7332.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7332.4 - Facility grievance program requirements

(a) Every youth shall be provided access to the facility's grievance program.

(b) Instructions for filing a grievance shall be included in the facility rules and information as required by section 7305.9(a)(14) of this Chapter.

(c) Every youth shall be advised in writing as to the availability of grievance forms upon admission.

(d) Facility staff shall make forms readily available so that a youth may file a grievance. A youth must file a grievance within ten (10) days of the date of the act or occurrence giving rise to the grievance.

(e) The director shall designate one or more staff members to act as a grievance coordinator.

(f) The director, or designee, shall ensure that each grievance is investigated to the fullest extent necessary by an impartial person who was not personally involved in the circumstances giving rise to the grievance; provided, however, that a grievance that is too vague to understand may be returned to the youth. Failure to supply sufficient information within five (5) days shall be cause to deny the grievance.

(g) At a minimum, each investigation of a youth's grievance shall include gathering and assessing the following information:

(1) a description of the facts and issues underlying the circumstances of the grievance;

(2) summaries of all interviews held with the grievant and with all parties involved in the grievance;

(3) copies of pertinent documents; and

(4) any additional relevant information.

(h) Grievances regarding dispositions from disciplinary hearings, issues that are outside the authority of the director to control, or complaints pertaining to youth other than the youth filing the grievance are not grievable, and may be returned to the youth by the grievance coordinator. Such grievances may not be appealed to the director or the Citizens' Policy and Complaint Review Council.

(i) Within seven (7) business days of the receipt of a grievance, the grievance coordinator shall issue a written determination. Such determination shall specify the facts and reasons underlying the grievance coordinator's determination. A copy of such determination shall be provided to the grievant.

(j) Within five (5) business days after receipt of the grievance coordinator's written determination, the grievant may appeal to the director.

(k) Within seven (7) business days after receipt of a grievance appeal, the director shall issue a determination on the grievance appeal and provide a copy of such determination to the grievant.

(l) If the director finds merit in a grievance, he/she shall direct in writing that appropriate remedies or meaningful relief be provided to the grievant and for all other youth similarly situated.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7332.4

Adopted New York State Register September 26, 2018/Volume XL, Issue 39, eff. 9/26/2018