People who receive services through the Developmental Disabilities Service System (DD Services) have the right to be treated with dignity and respect, free from abuse, neglect, coersion, and exploitation. If you feel that an Area Agency or other service provider has violated your rights or the rights of another, you can file a complaint with the Office of Client and Legal Services (OCLS).
DHHS Office of Client and Legal Services (OCLS)
OCLS works with the Bureau of Developmental Services (BDS) to protect the rights of people who receive DD services. OCLS handles complaints by collecting information, investigating concerns, and helping resolve problems.
Who Can File a Complaint?
Anyone can file a complaint. This includes the person receiving services, a guardian, a family member, a friend, or another service provider. Filing a complaint with OCLS is easy and can be done by calling 1-855-450-3593.
The Complaint Process – What to Expect
After you file a complaint, OCLS has 24 hours to appoint an investigator. Once appointed, the investigator will:
- Interview the people involved.
- Review records, documents, and other evidence.
- Prepare a Complaint Report that summarizes their investigation.
As part of their Complaint Report, the investigator will propose a solution to the issues raised in your complaint.
OCLS is Required to Resolve Complaints in a Timely Manner:
- Informal resolutions must be finished within 15 days.
- Often an individual or their guardian choose to have the issues raised in the complaint resolved informally. This means that OCLS works together with everyone involved to reach an agreement without the need for a formal investigation.
- Formal investigations require the investigator to interview the individual with disabilities, guardian (if there is one), person who made the complaint, person the complaint was made against, and witnesses. They may interview others and review relevant documents or evidence.
- OCLS must issue a written Complaint Report within 15 business days
- More complex investigations might be extended for an additional 10 days.
- If there is a risk of serious harm, the investigator can initiate ‘emergency action’ to protect the safety of the individuals involved.
The Complaint Report
Once the investigation is done, the Investigator will send their Complaint Report to BDS, the area agency, and the person who filed the complaint.
- The Complaint Report explains what was investigated and states whether the complaint was founded or unfounded.
- A founded complaint means DD service rights were violated.
- An unfounded complaint means DD service rights were not violated.
- If the complaint is founded, the report will include a proposed resolution that explains what the area agency or provider must do to fix the problem.
- The area agency or provider must show OCLS that they are taking steps to fix the problem within 20 days of receiving the Investigator’s report.
What if I Disagree with the Investigator’s Findings or with the Proposed Resolution?
You can appeal both the findings and the proposed resolution, but you have to act quickly:
- We recommend that you appeal to BDS.
- You must appeal in writing within 10 business days of when the Complaint Report was issued.
- BDS will issue a written decision within 10 days of when you file your appeal.
- If you disagree with BDS’ decision, you can appeal again and request an administrative hearing.
- This appeal must be made within 30 days of BDS’ decision.
