Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 26-6-915 - Notice of negative licensing action - filing of complaints(1)(a) When a facility or agency licensed pursuant to this part 9 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26-6-914 (2) and (8), it shall, within ten days after receiving the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility or agency. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).(b) Within twenty days after receiving the names and addresses of parents and legal guardians pursuant to subsection (1)(a) of this section, the department shall send a written notice to each such parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility or agency. The department shall send the notice to the parents and legal guardians by first-class mail.(c) The state board shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in subsection (1)(b) of this section.(d) This subsection (1) does not preclude the state department or a county department from notifying parents or legal guardians of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 9 that could impact the health, safety, or welfare of a child cared for at the facility or home.(2) The state board shall promulgate rules requiring facilities and agencies to provide written notice to the parents and legal guardians of the children cared for in the facilities and agencies of the procedures by which to file a complaint against the facility or agency or an employee of the facility or agency with the division within the department that is responsible for facility and agency licensing. The rules must specify the information that the notice must contain and must require that the notice include the current mailing address and telephone number of the division within the department that is responsible for facility and agency licensing.Added by 2022 Ch. 123, § 17, eff. 7/1/2022.