Or. Admin. R. 416-020-0040

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

Section 416-020-0040 - Grievance Review Process

(1) If a youth in custody is unable to resolve an issue through informal communication, the youth in custody may seek to resolve the issue by submitting a written grievance using OYA's approved youth in custody grievance form, in accordance with these rules.

(a) OYA must ensure that approved grievance forms are available to youth in custody. The youth in custody, or representative, may also initiate the request in letter form, if grievance forms are not immediately available to the youth in custody or representative.

(b) If a youth in custody cannot complete the grievance form or a letter due to physical or mental impairments or language barriers, the youth in custody may contact the local grievance coordinator to request accommodation.

(c) The youth in custody, or representative, must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time.

(d) A youth in custody grievance may request review of only one matter, action, or incident per grievance form or letter.

(e) A youth in custody, or representative, may file a grievance regarding the same issue as a previously filed grievance only if there is another incident and new information is available about the issue.

(2) The youth in custody, or representative, must submit the written grievance to the local grievance coordinator. If the grievance qualifies as an emergency grievance, the youth in custody or representative must submit the grievance to any OYA staff member to initiate an expedited response.

(3) A youth in custody may not write a grievance for another youth in custody unless authorized by the local grievance coordinator. The youth in custody writing the grievance is not the other youth in custody's representative and may only assist in writing the grievance, if authorized. The youth in custody submitting the grievance must sign the grievance form or letter.

(4) A youth in custody may submit only their own signature on grievance forms or grievance appeals.

(5) Within seven days of receiving the request, excluding weekends and public holidays, OYA must contact the youth in custody, or representative, to review the matter.

(6) The results of the review must be provided in writing to the youth in custody, or representative, as soon as practicable after the review and include the steps necessary to initiate a subsequent grievance review if the youth in custody remains dissatisfied.

(7) The youth in custody, or representative, may submit a subsequent written grievance review request to the appropriate facility superintendent, camp director, or field supervisor within 10 calendar days of receiving the initial written grievance response if the youth in custody is not satisfied with the resolution. The topic of the subsequent grievance review request must be the same as the initial grievance.

(8) OYA must review and respond to the subsequent grievance request within 30 calendar days of receiving the request. If additional time is needed to process the subsequent grievance request, OYA will notify the youth in custody or representative and specify the number of additional days within which OYA will respond to the request.

(a) Only information directly related to issue(s) of the initial grievance will be considered.

(b) OYA must prepare a written decision to resolve the subsequent grievance. The decision will include instructions to the youth in custody, or representative, for filing an appeal to the OYA director if the youth in custody is dissatisfied with the resolution.

(c) A copy of the decision must be sent to the youth in custody, or representative, as soon as practicable following its completion.

(9) After a youth in custody has been terminated from OYA's legal or physical custody, the youth in custody's pending grievances or grievance appeals must be completed and held on file, unless other arrangements have been made with the local grievance coordinator prior to OYA's custody termination.

(10) Grievances or grievance appeals received by OYA after a youth in custody has been discharged from, or is otherwise no longer in, OYA's legal or physical custody will not be processed.

Or. Admin. R. 416-020-0040

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