Or. Admin. R. 416-020-0020

Current through Register Vol. 63, No. 8, August 1, 2024

Section 416-020-0020 - Grievance Rights

(1) All youth in custody have a right to review any action or decision within OYA's jurisdiction that affects them, and initiate a grievance, without being subjected to reprisal.

(2) A youth in custody may not grieve the following:

(a) Issues for which the youth in custody is entitled to a contested case hearing, in accordance with ORS Chapter 183;

(b) Actions or decisions not within the jurisdiction of OYA (e.g., actions by the court or another agency);

(c) Incidents or problems to which the youth in custody was not a party;

(d) Issues for which the youth in custody has initiated court action or filed notice of intent to file tort claim; or

(e) The subject matter of the grievance will be or has already been decided by a judge.

(3) The grievance process must be administered in a manner that protects the confidentiality of records and information, in accordance with federal and state law or policies.

(4) OYA must inform youth in custody at intake about the grievance process.

(5) Staff and youth in custody are encouraged to handle questions and complaints informally at the lowest level possible.

(6) The grievance process must be conducted as informally as possible, consistent with the need for orderly and complete resolution of issues.

(a) Staff who are the subject of a grievance must not be responsible for making decisions regarding the grievance, but may provide information regarding the grievance issues and participate in mediation and conflict resolution.

(b) If a grievance is about an emergency, a youth in custody may write immediately and directly to the appropriate superintendent, camp director, field supervisor, or the Director's Office.

(c) The youth in custody, or representative, may present information during any meetings held to discuss the grievance, and may refer to witnesses for this purpose. If the youth in custody, or representative, chooses to use an attorney during the grievance process, they are responsible for any expenses or attorney fees that may be incurred.

Or. Admin. R. 416-020-0020

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03; OYA 2-2020, amend filed 01/29/2020, effective 1/30/2020; OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108