Grievance Procedure
OREGON ADVOCACY CENTER GRIEVANCE POLICY
Background
Protection and Advocacy Services
As a protection and advocacy (P&A) agency, Oregon Advocacy Center is federally mandated to provide legal and other advocacy services on behalf of all eligible persons with disabilities within Oregon. The P&A agency is comprised of several different Federally-funded advocacy programs, including: Protection and Advocacy for Persons with Developmental Disabilities (PADD), Protection and Advocacy for Individuals with Mental Illness (PAIMI), and the Protection and Advocacy of Individual Rights (PAIR). The Client Assistance Program (CAP) also is part of our agency.
Federal law authorizes us, as the P&A agency, to handle many different kinds of cases, including those alleging abuse and neglect, and those alleging discrimination on the basis of an individual's disability. We are also authorized to pursue legal, administrative and other appropriate remedies to protect and advocate for the rights of persons with disabilities under all applicable Federal and State laws. In addition to direct representation, we provide educational services, information about the rights of persons with disabilities and other technical assistance as needed. We also provide referrals to other agencies that may be able to provide appropriate assistance.
However, our ability to provide these services is restricted due to limited funding. Federal law requires the PADD, PAIMI, and PAIR programs to develop a statement of objectives and priorities (a copy of the current year's statement is attached) each year that prioritizes its activities for the year and gives the rationale for those priorities and objectives. Federal law also requires that we develop this statement of objectives and priorities after giving the public, including individuals with disabilities, the opportunity to comment on our objectives, priorities, and activities. This statement of objectives and priorities determine the kinds of cases we will accept each year. This means that generally we can represent only those individuals whose problems are covered by our priorities for the current year. If we cannot provide direct help for the individual, we will make an effort to inform the individual about other agencies or individuals who can assist with the problem.
Federal law does not require the CAP program to establish priorities and objectives for the cases it will accept each year. Instead, the law itself limits the services CAP can provide and the kinds of cases it can accept.
Grievance Rights
Your Right to Services
o Clients of Oregon Advocacy Center and those seeking our services have the right to file a written grievance if they are unhappy with our services. For example, these individuals or their representatives may file a grievance if they believe that: (1) we did not provide them with effective services; (2) we wrongly denied them help; or (3) we violated our legal obligations. If requested, we can provide individuals with more detailed information about what the law requires of any one of our programs.
o Among other obligations, we must assure that we: have the capacity to protect and advocate for the rights of persons with disabilities; have access to records for the purpose of investigating allegations made by persons with disabilities; maintain confidentiality of client records; and provide the public with an opportunity to comment on our statement of objectives and priorities.
o The grievance process is designed to assure that persons eligible for services from Oregon Advocacy Center are provided full access to the agency. This right is guaranteed under the three Federal laws governing the activities of P&As such as ours: the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy of Individuals with Mentally Illness Act and Section 509 of the Rehabilitation Act of 1973, as amended. Section 112 of the Rehabilitation Act, which governs the CAP program, does not guarantee individuals the right to a grievance process. However, because the CAP is part of our P&A agency, we are extending this right to our CAP clients as well.
o The eligibility requirements for services under these laws are explained in the attached brochure. Copies of these laws and related regulations are available upon request.
A grievance may be filed by a person with a disability or his or her representative or family member under any of the following circumstances:
1. When there is disagreement about the decision of Oregon Advocacy Center not to provide technical assistance or advocacy services;
2. There is dissatisfaction regarding the quality or extent of the services actually provided;
3. There is a belief that Oregon Advocacy Center has failed to fulfill one or more of its legal obligations; or
4. It is believed that Oregon Advocacy Center has discriminated in the provision of its services on the basis of disability, race, or another prohibited basis.
Filing a Grievance
o Time Frame. A grievance related to a believed failure of our agency to provide appropriate services must be filed within 30 work days after the date on which the disputed event occurred (for instance, the date on which notification was provided in writing, or orally, that the agency would not provide requested services). A grievance related to a believed failure to comply with our legal obligations may be filed at any time.
o Upon request, we will provide assistance in filing and submitting a grievance and/or in helping the individual understand his/her rights under this policy. If the individual cannot provide a written complaint, we will either help in writing it or accept an oral complaint (e.g., by telephone, in person, or audio tape). In limited circumstances, additional time to file the grievance may be permitted.
o Required Information. An individual (or his/her representative) who is dissatisfied with services provided by Oregon Advocacy Center, or with the decision to deny services, or believes that we have violated a legal requirement has the option of completing and submitting our grievance form (copy attached).
o Alternatively, a grievance may be filed in the form of a letter or e-mail. This letter or e-mail should provide all relevant information about the complaint, including the following: the name of the individual who is dissatisfied with agency services and his or her address and telephone number; the type of services requested and the approximate date of the request; the response of Oregon Advocacy Center; whether the individual for whom the request was made has a disability and the nature of the disability; and the legal obligation, if any, the individual believes Oregon Advocacy Center has violated.
o Copies of any documentation relating to the grievance (such as correspondence from our agency) should be included with the grievance. The grievance form or letter should be signed and dated.
Review of Grievances
o First Level Review. The grievance should be mailed to the Executive Director of Oregon Advocacy Center, at 620 SW 5th Avenue, #500, Portland, OR 97204. An individual who is dissatisfied with an agency decision is encouraged to discuss the matter first with the Oregon Advocacy Center employee directly responsible for the decision and/or with his or her supervisor, but is not required to do so. A listing of our employees is available upon request.
o Within 15 work days of the receiving the grievance, the Executive Director will issue a written determination. This determination will be based on a careful review of the grievance and any other materials submitted. This review will be conducted by the Executive Director or a staff member designated by the Director.
o The Executive Director or designee will review any applicable law and agency policies and procedures (including our statement of objectives and priorities) to determine whether the disputed agency decision was appropriate. If necessary, the Executive Director or the designee will contact the individual who filed the grievance and other individuals, including other Oregon Advocacy Center staff, who have knowledge of the dispute.
o If the Executive Director or designee finds that the agency's denial of services or other action that is being disputed was inappropriate, he or she will inform the grievant in the written determination. As appropriate, the Executive Director or designee will develop a plan to correct the problems identified and ensure that appropriate services are provided promptly.
o Access to the grievance and related materials will be permitted only for Oregon Advocacy Center staff with a need to review the complaint. The confidentiality of the grievance will be strictly protected. We will annually tabulate information about grievances received, processed and resolved, and present this information to our Board of Directors and advisory councils.
o Appeal Rights. If the grievant is dissatisfied with the written determination of the Executive Director, he or she may appeal the determination to the Grievance Committee of the Oregon Advocacy Center Board of Directors. This appeal letter should be sent to: OAC Grievance Committee, 620 SW 5th Avenue, #500, Portland, OR 97204. The individual must submit this appeal, in writing, within 30 work days of receiving the Executive Director's determination.
o The appeal must specify the reasons for disagreement with the Executive Director's determination, and must be signed by the grievant.
o The Grievance Committee will issue a decision within 30 work days of receipt of the appeal. The Grievance Committee's decision is the final determination of the agency.