Chapter 01. Child Advocacy Grievance Procedure
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Child advocate” means an individual who works on behalf of children under Department of Juvenile Services' jurisdiction to see that their needs are met and their rights upheld through the operations of the agency.
(2)
“Grievance” means a complaint due to a circumstance or action considered to be unjust.
(3)
“Secretary” means the Secretary of Juvenile Services or the Secretary's designee.
(4)
“Superintendent” means the chief administrative officer of an institution or a youth center.
Regulation .02 Role of Facility Staff.LinkCopy Citation
A.
Every employee at the facility shall have the responsibility to assist any child who expresses a desire to initiate a grievance.
B.
An employee may not retaliate against children who have filed a grievance.
Regulation .03 Role of the Child Advoctate.LinkCopy Citation
A.
The child advocate shall assist any child who expresses a desire to initiate a grievance.
B.
Once a child advocate has been contacted concerning a grievance, the child advocate shall assist the child until the problem has been resolved, even if the child has been transferred or released.
C.
The Secretary shall appoint a substitute child advocate when the grievance is filed against the child advocate.
Regulation .04 Grievance Procedures.LinkCopy Citation
A.
Initiation of Grievance.
(1)
A child may initiate a grievance by contacting the child advocate, or requesting that a staff member contact the child advocate.
(2)
The child shall initiate the grievance procedure within 5 working days of the action or incident, unless the child can satisfactorily demonstrate to the child advocate that a time extension is necessary.
B.
Response to Grievance.
(1)
Meet with the Child. The child advocate shall respond to the grievance by meeting with the child as soon as possible to obtain the facts and attempt a prompt solution.
(2)
Grievance Against the Superintendent. If the child's grievance is against the superintendent, the Secretary, after having been notified by the child advocate, shall contact the parties involved in the grievance as soon as possible and attempt to resolve the grievance.
(3)
Investigate and Mediate. Except as noted in §B(2) of this regulation, the child advocate shall contact all parties involved in the grievance as soon as possible and attempt to resolve the grievance.
(4)
Confer with All Parties.
(a)
If the grievance is not resolved, the Secretary or superintendent shall confer with all parties involved.
(b)
After hearing all parties, the Secretary or superintendent shall give a written decision.
(5)
Appeal to the Secretary.
(a)
If the child is not satisfied with the decision of the superintendent, an appeal may be filed with the child advocate.
(b)
After receiving an appeal from the child, the child advocate shall submit the case, in writing, to the Secretary.
(c)
The appeal shall consist of a review of all documents submitted. The Secretary may request additional information from anyone involved in the grievance.
(d)
The Secretary shall file a written decision on the appeal which shall be final and binding on all parties to the grievance.
Regulation .05 Regulation Limitations.LinkCopy Citation
The grievance procedures may not:
A.
Offer an administrative hearing;
B.
Be governed by the contested case provisions of State Government Article, Annotated Code of Maryland; and
C.
Include decisions made through the Department of Juvenile Services Disciplinary Appeals Process.
Chapter annotations
Authority: Article 83C, §2-118, Annotated Code of Maryland
History: Effective date: November 4, 1985 (12:22 Md. R. 2105)
History: Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07
History: Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71)
History: Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01
History: Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067)