SECTION 355.644. Resident Grievance Process

(a) Grievance Process. Written policies and procedures, as well as actual practices, shall demonstrate that there is a formalized grievance process to address residents' complaints about their treatment and facility services. At a minimum, the formalized grievance process shall include the following policy, procedural, and practice elements:

(1) the residents' ability to submit a grievance and have full access to the process;

(2) a written response and resolution to all grievances no later than 10 calendar days from the date the grievance is received by staff;

(3) confidentiality of grievance without fear of reprisal;

(4) the resident's ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses;

(5) periodic formal reviews of the grievance process and dispositions by administrative-level staff;

(6) a tracking system and grievance log that accounts for all grievances submitted; and

(7) post-release forwarding of a resident's unresolved grievance to the facility administrator or designee to determine if any action is needed.

(b) Grievance Appeals. A resident may appeal a grievance resolution. The facility shall have written policies and procedures that include appeal provisions. The provisions shall include at least the following:

(1) The resident shall have at least one level of appeal.

(2) The resident shall have the ability to appeal to a supervisory or higher-level staff member who is not named in the grievance and who did not provide the initial grievance resolution.

(3) A written response and resolution shall be provided to the resident within ten calendar days after the resident's appeal request.

(4) A copy of the final disposition shall be retained in the resident's file.

(c) Grievance Form. The grievance form shall contain the following elements:

(1) the name of the resident;

(2) the housing assignment;

(3) the date of the grievance;

(4) the grievance tracking identification;

(5) the nature or description of the grievance;

(6) the date and time of receipt;

(7) the name and title of the person receiving the grievance;

(8) the response or resolution to the grievance;

(9) the date and time of the response;

(10) the name and title of the person responding to the grievance; and

(11) a space for a written request to appeal the grievance response.

Source Note: The provisions of this §355.644 adopted to be effective November 15, 2013, 38 TexReg 7973