5.15 Grievance Procedure Pursuant to Section 1361

Chapter 5
Section 5.15
Subject Grievance Procedure Pursuant to Section 1361
Effective Date 12/4/2023 12:00 AM
  1.  All youth shall be assured free access to a grievance procedure, which gives an opportunity for a fair hearing and resolution of complaints pertaining to care and treatment while in residence at the facility, and in regards to mistreatment, harassment, or violation of the nondiscrimination policy.  There shall be no time limit on filing grievances and may grieve any condition of confinement. 
  2. All youth will be advised of the procedure for initiating a fair hearing for any complaint regarding care and treatment.  
  3. A staff representative appointed by the Chief Deputy shall be available to assist the youth during the grievance process. 
  4. The facility grievance procedure shall be incorporated in the "Rules for Youth." Handbook. 
  5. If a youth is in their Grievances shall be issued to the requesting youth by the end of the shift within which the request is made.  Staff on duty should make all attempts to resolve the grievance prior to the conclusion of their shifts.  
  6. Grievances involving immediate consequences shall be reviewed by the JSO III on duty unless the grievance involves the actions of a JSO III or his/her designee as soon as possible.
  7. Hearings on grievances shall be done promptly, within two days after the request is made, and will be resolved at the lowest appropriate staff level. 
  8. The following steps will be utilized, as necessary:
    1. The youth shall initiate a grievance by completing the grievance form set forth herein.
    2. Grievance forms shall be placed in an open and accessible place on each living unit.  
    3. Youth may hand deliver a grievance to staff, or place the grievance in a locked box placed on all living units.
    4. The on-duty JSO III shall remove any grievances from the lock box at the conclusion of each of their shifts.
    5. The JSO III shall promptly meet with the youth and discuss the situation. The initial response to the grievance shall be within two (2) business days of receiving grievance.  The JSO III will seek input from all staff involved in the incident the youth is grieving. The youth will be advised that the decision can be appealed to a SDPO, the Chief Deputy, and the Chief Probation Officer.  Grievances that relate to health and safety issues must be addressed immediately. 
    6. Should the youth wish to appeal the JSO III’s decision the youth will submit a grievance form to any staff that shall then provide the grievance to the Supervising Deputy Probation Officer.  The Supervising Deputy Probation Officer may ask the JSO III involved and/or a neutral staff representative to be present when they meet with the youth.  
    7. Should the youth wish to appeal the Supervising Deputy Probation Officer’s decision the youth will submit a grievance form to any staff that shall then provide the grievance form to the Chief Deputy.  The Chief Deputy shall meet with the youth.  The Chief Deputy will render a decision in writing within three working days after hearing the appeal, unless additional time is necessary for research or legal opinions.
    8. Resolution of the grievance must occur within ten (10) business days unless circumstances dictate a longer time frame.  The youth shall be notified of any delay. 
    9. Grievances which result in the raising of jurisdictional issues, i.e. between medical and custody personnel, shall be resolved at the lowest possible level and with the involvement of all respective involved agencies.  In the event a jurisdictional issue cannot be resolved, the Chief Probation Officer shall retain the authority for making a final decision.  
    10. Attorneys are not permitted to be involved in the youth's grievances.  Attorney-generated complaints or intervention on behalf of the youth will be referred to the Chief Deputy whose decision can be appealed to the Chief Probation Officer.  
    11. There will be no reprisal for a youth submitting a grievance or requesting an appeal.  Should a youth believe that his/her constitutional rights have been violated, the youth can contact their court-designated attorney.
    12. Concerns of parents, guardians, staff or other parties are to be addressed and documented within a 48-hour period of time, whether or not those concerns are associated with a grievance.
    13. Reports of sexual abuse and sexual harassment are in compliance with Section 3.27 of this policy and procedures manual.