Regulation detail

§ 1933 - Complaint Procedures

Up to date
Ask Ariadne
SR
§ 1933 - Complaint Procedures active

Complaint Procedures

Jurisdiction: CA
IDD_RESIDENTIAL (55%) PRTF (72%)
Plain-English summary

This regulation establishes complaint procedures for children residing in a Community Treatment Facility (CTF) in California. Facility operators must post, provide, or explain to children their right to file complaints with the Department or a county patients' rights advocate if they believe their rights have been abused, withheld, or denied. The county patients' rights advocate must investigate and attempt to resolve complaints within two working days, with escalation pathways to the local mental health director and ultimately the Department's patients' rights specialist if the complaint remains unresolved.

View official source
Regulation text
Cal. Code Regs. Tit. 9, § 1933 - Complaint Procedures 

 State Regulations 

 Compare

(a)
 The list of rights and resources that
 must be posted, provided or explained to the children in a CTF pursuant to
 Section 
1932
 shall contain:
 
(1)
 Notification that any child who believes
 a right of his has been abused, punitively withheld or unreasonably denied may
 file a complaint with the Department or the county patients' rights
 advocate;

(2)
 The human rights unit
 of the Department and the name of the county patients' rights advocate who has
 been assigned to handle such complaints and his telephone
 number.

(b)
 When a
 complaint is received by the county patients' rights advocate he shall, within
 two working days, take action to investigate and resolve it.

(c)
 If the complainant expresses
 dissatisfaction to the county patients' rights advocate with the action taken,
 the matter shall be referred, within five (5) working days, to the local mental
 health director if the complaint originated in the mental disabilities program
 or to the regional center director if the complaint originated in the
 developmental disabilities program.

(d)
 If the complaint cannot be satisfactorily
 resolved by the local mental health director within ten (10) working days, it
 shall be referred to the patients' rights specialist at the Department whose
 responsibility it shall be to resolve the complaint. Appeal of the resolution
 provided by the patients' rights specialist may be made to the Director of the
 Department, or his designee.

Notes

Cal. Code
 Regs. Tit. 
9
, §
 
1933

1. New
 section filed 6-24-98; operative 7-1-98 pursuant to Government Code section
 
11343.4(d)

 (Register 98, No. 26).
2. Governor Newsom issued Executive Order
 N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain
 provisions related the operation of treatment and rehabilitation facilities
 that could restrict staffing flexibility, due to the COVID-19 pandemic.

Note: Authority cited: Section
 
4094
,
 Welfare and Institutions Code. Reference: Sections 4094 et seq., Welfare and
 Institutions Code; and Section
 
1502
,
 Health and Safety Code.

 1. New section filed
 6-24-98; operative 7-1-98 pursuant to Government Code section
 
11343.4(d)

 (Register 98, No. 26).

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox