WHAT IS A COMPLAINT?
A complaint is one or more allegations made concerning a Resource Family.
What IS A SERIOUS COMPLIANT?
Serious compliant means a compliant containing an allegation which may involve any of the following:
- Conduct by any person as described in Penal Code section 11165.5 (abuse or neglect in out of home care).
- Death or serious bodily injury, or risk of death or serious bodily injury, to any person.
- A violation of Section 11-08 or 11.10-06 or WIC Section 16001.9
WHAT IS BEING INVESTIGATED?WHAT IS BEING INVESTIGATED?
- Complaints made against the Resource Family to determine whether the Resource Family is in compliance with Written Directives or any applicable law
- Program staff should utilize the Written Directives for guidance on the complaint process.
RFA COMPLAINT INVESTIGATION FORMS?
- RFA 9099-compliant investigation Report
- Document the allegations and investigation findings.
- A copy of this form is provided to the Resource Family.
- Substantiated and/or Inconclusive findings are filed in the public section of the Resource Family file.
- Unfounded findings are filed in the confidential section of the Resource Family File.
- Counties shall investigate an allegation unless, after a preliminary review, the county determines the allegation could not have occurred or is a pattern/practice of harassment. Decision not to investigate shall be approved by supervisor.
- Counties may rely on an investigation conducted by the Department instead of conducting a separate investigation when appropriate.
TIMELINES FOR DETERMINING UNANNOUNCED 10-DAY VISITS?
An on-site Resource Family home visit must be made within 10 calendar days after receipt of a compliant.
DURING THE COMPLAINT VISIT?
Social Worker will explain to the Resource Family the investigation process:
- 10-day visit
- 60 days to complete the complaint investigation.
- Health and safety assessment of the home.
- Interview with relevant parties.
- County will notify Resource Family of the complaint findings.
- The county may assess the health and safety of the home and grounds, outdoor activity space, and storage areas.
- Conduct interviews with all children/household members (as applicable).
- Review any pertinent records (medical/school, etc.)
- Observe any child or NMD residing with the Resource family.
DURING THE COMPLAINT VISIT CONTINUED?
- If applicable, coordinate medical examination of the child/NMD with the County Social Worker or Probation Officer of the child/NMD.
- NMD may not be examined by a medical professional without his/her consent.
- Make additional unannounced visits to the home if needed.
- Document all interviews and steps taken during the investigation.
- When visiting Resource Family’s home, the county must ensure that the Resource Family is aware of their rights and responsibilities during the investigation process, including the right to dispute the investigation result.
COMPLAINT FINDINGS AND WEIGHING THE EVIDENCE?
- Do statements corroborate each other?
- Are statements consistent with the allegations?
- Social Worker’s must take into consideration all statements, physical evidence, and reports by other agencies.
- Does the evidence support the findings?
CORRECTIVE ACTION PLAN (CAP)?
- If the compliant is substantiated, the Resource Family must be issued an a Corrective Action Plan (CAP).
- The deficiencies, the CAP, and the CAP due date are documented on the RFA 9099C.
- The County should request and consider the Resource Family’s feedback to develop a plan to correct each deficiency in which the Resource Family is responsible for completing and promptly notifying the County of the corrections.
- The Resource Family has a right, without prejudice, to discuss any disagreement in the investigation with the County Concerning the proper application of the Written Directives or any applicable laws.
- If a County determines that is is not possible for a Resource Family to correct an identified deficiency, then the County shall document the deficiency and may proceed with the necessary administrative action procedures pursuant to Article 12.