Section 33-03-29-13 - Complaints1. No residential care facilities for children with autism or persons therein may violate resident rights as defined in North Dakota Century Code chapter 50-10.2. 2. Any person may register a complaint with the department alleging violation of applicable laws, rules, requirements, or allegations of abuse, neglect, or theft of resident funds by a facility or other persons in the residential care facility for children with autism. Individuals alleging abuse shall report to other entities as required by North Dakota Century Code section 50-25.1-03. 3. If a complaint becomes the subject of a formal administrative or judicial proceeding, nothing in this subsection may be construed to prohibit the disclosure of information which would otherwise be disclosed in a judicial or administrative proceeding. 4. The department shall have the authority to conduct unannounced inspections of the residential care facility for children with autism involved in a complaint and any other investigations necessary to determine the validity of the complaint. 5. The department or the department's representative shall notify the facility's administrator or person in charge of the facility involved in the complaint of the substance of the complaint for the first time at the time of the investigation. 6. No later than ten days after the completion of the investigation, the department shall prepare a written report of the results of the investigation and shall notify the complainant and the facility in writing of the results of the investigation. 7. Residential care facilities for children with autism are prohibited from discharging or discriminating in any way against a resident by whom or on whose behalf a complaint has been submitted to the department or who has participated in a complaint investigation process. Facilities are prohibited from discharging or discriminating against any employee who has submitted a complaint or who has assisted the department or any other legal authority in acomplaint-related investigation for reason of such submission or assistance. Violation of prohibitions in this item is grounds for suspending or revoking a facility license. N.D. Admin Code 33-03-29-13
Effective February 1, 1992.General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02, 23-09.4-06, 28-32-05.1