505 KAR 1:020. Internal grievance procedure.
TO: KRS 605.095, 605.100
AUTHORITY: KRS 15A.160, 15A.210, 605.150
FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Justice Cabinet to adopt
administrative regulations to operate secure juvenile detention facilities.
This administrative regulation is necessary to establish an internal grievance
procedure for a resident of a juvenile detention facility.
1. Definitions. (1) "Designated hearing officer" means a supervisory
level member of the clinical staff chosen by the facility superintendent to
conduct the grievance procedure hearing.
"Grievance aide" means a resident who has been chosen to provide aid
to another resident in the grievance procedure.
"Work day" means Monday through Friday exclusive of holidays.
2. Applicability. A resident may file a grievance if it is believed that they
have been affected by a violation of a:
Department policy or procedure; or
Facility rule or procedure.
3. Grievance Aides. A grievance aide shall:
Selected by the facility superintendent;
Trained in the grievance procedure;
Required to be able to read and write at a skill level appropriate to this
In the final stages of treatment; and
Assist other residents in drafting and presenting a formal grievance.
4. Procedure. (1) Informal.
Prior to filing the grievance, an effort shall be made to resolve the grievance
The resident shall talk with the staff person involved and attempt to resolve
the grievance informally.
If unable to resolve the issue informally, the resident shall fully complete an
internal grievance form and provide the following information:
The circumstances of the issue being grieved;
Efforts made to informally resolve the issue; and
The desired resolution.
A copy of the form:
Shall be included in the resident's orientation package;
May be obtained in the open dorm area; and
Shall be provided upon request.
The resident may be assisted by a grievance aide. If the resident or grievance
aide are unable to adequately express the grievance in writing, the resident
Request a hearing, in writing, from the designated hearing officer within two
(2) work days of occurrence of the event that raised the issue; and
Be permitted to present the grievance verbally.
A hearing shall be conducted by the designated hearing officer within three (3)
work days of receiving a written grievance, in accordance with paragraph (a) of
this subsection or an oral request for hearing, in accordance with paragraph
(c) of this subsection. The following shall be present at the hearing:
The aggrieved resident;
The grievance aide; and
Witnesses deemed material by the parties.
The designated hearing officer shall within three (3) work days of the
conclusion of the hearing present a written response to the resident.
Within two (2) work days of receiving a decision, a resident shall:
Forward his grievance to the facility director or superintendent if he is
dissatisfied and wishes to have the decision reviewed; and
Submit to the director of superintendent the information provided at the
Within three (3) work days of receiving the grievance, the director or
superintendent shall hold a joint meeting with the:
Designated hearing officer;
The director or superintendent shall:
Review all information necessary to resolve the issue; and
Present a written response to the resident within five (5) work days of the
The following shall be forwarded to the regional director and department
ombudsman at the time the final resolution is submitted to the resident:
A copy of the final resolution made by the director or superintendent;
A copy of the grievance; and
Information submitted by the parties relating to the grievance.
5. General Requirements. (1) Time requirements.
If a resident fails to comply with the time requirements of this administrative
regulation, the grievance shall be dismissed.
If the staff fail to comply with the time requirements, the grievance shall be
resolved in the resident's favor.
Due to unavailability of an essential party, the time frames may be extended
Written agreement of the resident and the hearing officer; and
Approval of the director or superintendent.
If the hearing officer, director or superintendent is to be absent, he shall
appoint a person to stand in for his position, who shall:
Be responsible for the handling of a grievance; and
Exercise the same powers as the absent official.
If a hearing officer, director or superintendent is directly involved in a
grievance, it shall be handled by his supervisor, respectively.
6. Incorporation by Reference. (1) "Internal Grievance Form", (2-9-97
edition), Department of Juvenile Justice, is incorporated by reference.
It may be inspected, copied or obtained at the Office of the Ombudsman,
Department of Juvenile Justice, 320 West Main Street, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m. (24 Ky.R. 236; Am. 572; eff.