A. The Office of Client Advocacy and child-placing agencies shall each establish grievance procedures for foster parents with whom the Department of Human Services or child-placing agencies contract. The Office of Client Advocacy shall work with the Office of Juvenile System Oversight to track foster parent complaints through the grievance procedures and ensure a resolution of the complaint. B. The procedures established shall contain the following minimum requirements: 1. Resolution of disputes with foster parents shall be accomplished quickly, informally and at the lowest possible level, but shall provide for access to impartial arbitration by management level personnel within the central office; 2. Prompt resolution of grievances no more than sixty (60) days after receipt of the grievance or complaint; and 3. Notification to all foster parents upon placement of a child about the grievance procedures and how to file a complaint. C. The Office of Client Advocacy and each child-placing agency shall designate one employee at the central office to receive and process foster care grievances received by the Office of Juvenile System Oversight. D. The Office of Client Advocacy and each child-placing agency shall maintain records of each grievance filed as well as summary information about the number, nature and outcome of all grievances filed. The Office of Client Advocacy and the Office of Juvenile System Oversight shall compile an annual report for the Legislature that details the number of complaints received, the number of complaints resolved, the nature of the complaints and any other information requested by the Legislature. The Office of Client Advocacy and child-placing agencies shall keep records of grievances separate and apart from other foster parent files. A foster parent or a former foster parent shall have a right of access to the record of grievances such person filed after the procedure has been completed. E. 1. Each foster parent shall have the right, without fear of reprisal or discrimination, to present grievances with respect to the providing of foster care services. 2. The Department of Human Services shall promptly initiate a plan of corrective discipline including, but not limited to, dismissal of any Department employee or cancellation or nonrenewal of the contract of a child-placing agency determined by the state agency, through an investigation to have retaliated or discriminated against a foster parent who has: a. filed a grievance pursuant to the provisions of this section, b. provided information to any official or Department employee, or c. testified, assisted, or otherwise participated in an investigation, proceeding or hearing against the Department or the child-placing agency. 3. The provisions of this subsection shall not be construed to include any complaint by the foster parent resulting from an administrative, civil or criminal action taken by the employee or child-placing agency for violations of law or rules, or contract provisions by the foster parent. Added by Laws 1996, c. 353, § 13, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 17, eff. Nov. 1, 1997; Laws 1999, c. 396, § 14, emerg. eff. June 10, 1999; Laws 2009, c. 233, § 105, emerg. eff. May 21, 2009. Renumbered from § 7213 of Title 10 by Laws 2009, c. 233, § 312, emerg. eff. May 21, 2009. Amended by Laws 2014, c. 257, § 5, eff. Nov. 1, 2014; Laws 2023, c. 28, § 2, eff. Nov. 1, 2023. NOTE: Laws 2023, c. 28, § 2, amended the section, but did not take into account the amendments by Laws 2018, c. 40, § 2. Therefore, multiple versions are set forth, one as amended by Laws 2023, c. 28, § 2, and the other as amended by Laws 2018, c. 40, § 2.
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