Resources Virginia

GRIEVANCE PROCEDURES

What is a Grievance? Perceived Violation of Client Rights.

Informal Grievance Procedure:

The Clinical Director shall serve as Client Rights Representatives for Empowering Youth for Positive Change and shall function in this capacity as specified in the Client Grievance Policy.

When the clients have a problem or see a problem area, they are encouraged to first attempt to resolve the conflict at the lowest possible level, i.e. with the peer or staff member involved. This approach is the most direct and therefore, the most likely to get immediate results. However, when this approach is not reasonable or preferred, the client may wish to use the other available problem-solving procedures, the Internal Appeal System. Appeals must be filed within 7 days of the incident or occurrence. The Internal Appeal System is an informal method of handling problems that concern the program, e.g. staff, rules, etc. The client completes a Client Appeal Form and the following steps are taken:

Step #1: The client turns in the completed CLIENT APPEAL FORM to the Director, unless the problem involves the Director. If this is the case, the appeal goes to the Governing Board.

Step #2: The Director reviews the Appeal Form and talks with the client regarding the problem. If a staff member is involved in the problem, he/she is included in the discussion.

Step #3. Within 48 hours of receiving the Appeal Form, the Director makes a decision about the problem and writes a response to the client. Whenever possible, the Director shall discuss the decision with the client (s) and staff involved.

Step #4. If the client is not satisfied with the response from the Director, the appeal may be sent to the Governing Board.

Step #5. Within 48 hours of receiving this appeal, the Director must respond in writing to the client and, when possible, shall discuss the decision with the parties involved. *

Formal Grievance Procedure:

If the informal complaint process did not resolve the complaint to the client’s satisfaction within 5 (five) working days: or the client chooses to not pursue the informal complaint process the following should take place: • Clients who believe that a provider had violated their rights may report it to the director and the human rights advocate, or either of them, for resolution. • If the report is made only to the director or the director’s designee, the director shall immediately notify the human rights advocate. • If the report is made only to the human rights advocate, the HRA shall immediately notify the director or the designee. The human right advocate or the director shall notify the client of their right to pursue their complaint through all available means. • If the human rights advocate concludes, after an investigation, that there is a substantial risk that serious and irreparable harm will result if the complaint is not resolved immediately, the human rights advocate shall inform the director, the organizations governing body and the LHRC. • The director shall try to resolve the complaint by meeting within 24 hours of receipt of the complaint with the client, any representative the client chooses the human rights advocate and the others appropriate and by conducting an investigation if necessary. • The director shall give the client and their chosen representative a written decision and an action plan within 10 working days of receiving the complaint. • If the client is not satisfied at this step, they can respond to the director in writing within 5 days working days after receiving the director’s written decision and action plan. • If the client is not satisfied with the director’s final decision or action plan, they may file a petition for a hearing by the LHRC using the procedures prescribed in the 12VAC 35-115-180.

If unresolved you may contact the Program Director at 804-789-1314. You may further contact your Regional Advocate, Mr. Reginald T. Daye at (757) 253-7061. The Regional Advocate is a person who will assist you to address your complaint with staff or if necessary, with the Local Human Rights Committee to assist you in investigating your complaint.

Click here to download Formal Grievance Form

Click here to download Informal Grievance Form

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CLIENTS RIGHTS

All individuals requesting services from Empowering Youth for Positive Change have a right to receive such services without regard to race, ethnicity, age, color, religion, creed, gender, national origin, sexual orientation, veteran status, financial condition, handicap or disability, HIV infection – whether asymptomatic or symptomatic, AIDS-related complex or AIDS. No distinction will be formulated in determining eligibility for participation in services provided by EYPC based on any of these identifiers, conditions or circumstances.

All individuals requesting services from EYPC shall receive this Statement of Client Rights as part of the intake and initial orientation process, and, if appropriate, on an annual basis. Said statement shall conform to all applicable regulations issued by State, Federal and other funders; and shall include, but not be limited to:

The right to be treated with consideration and respect for personal dignity, autonomy, and privacy;
The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;
The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of the alternatives;
The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal;
The right to a current, written, individualized service plan that addresses one’s own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
The right to active and informed participation in the establishment, periodic review, and reassessment of the service plan;
The right to be free from intellectual, emotional and/or physical abuse.
The right to be free from abuse, financial or other exploitation, retaliation, humiliation, and neglect;
The right to access to information pertinent to the Client in sufficient time to facilitate his/her decision making;
The right to informed consent, refusal or expression of choice regarding service delivery, release of information, concurrent services, and composition of service delivery team;
The right to access or referral to legal entities for appropriate representation, self-help support services, and advocacy services;
The right to freedom from unnecessary or excessive medication;
The right to freedom from unnecessary restraint or seclusion;
The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the Client’s participation in other services. This necessity shall be explained to the Client and written in the Client’s current service plan;
The right to be informed of and refuse any unusual or hazardous treatment procedures;
The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recorders, televisions, movies, or photographs;
The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one’s own expense;
The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the Client or parent or legal guardian of a minor Client or court-appointed guardian of the person of an adult Client;
The right to have access to one’s own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically restricted for that individual Client for clear treatment reasons in the Client’s treatment plan. “Clear treatment reasons” shall be understood to mean only severe emotional damage to the Client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the Client and other persons authorized by the Client the factual information about the individual Client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the Client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records;
The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;
The right to receive an explanation of the reasons for denial of service;
The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay;
The right to know the cost of services;
The right to be fully informed of all rights;
The right to exercise any and all rights without reprisal in any form including continued and uncompromised access to service;
The right to file a grievance;
The right to have oral and written instructions for filing a grievance, and
The right to investigation and resolution of alleged infringement of rights.

Your Responsibilities

Actively participate in your rehabilitation and help to develop your plan of care with an Empowering Youth for Positive Change staff member.
Take part in planning and participating in your own psychosocial rehabilitation program and provide information concerning your mental health and medical history.
Attend scheduled unit meetings and to select the unit of your choice to participate in.
Contact Empowering Youth for Positive Change staff if you are going to be absent from the program. Cancel your transportation, if applicable, as soon as you know you will be unable to attend the program.
Ask a question(s) when you do not understand what is happening to you.
Let a Client of the staff know when you have a problem or feel sick.
Show respect for the property and rights of others.
Obey the laws which apply to all citizens.
Be familiar with and observe the rules and policies of Empowering Youth for Positive Change.
Accept responsibility for your actions.
Cooperate with the goal of achieving self-sufficiency in the management of your everyday living.
As a Client of Empowering Youth for Positive Change you have a guaranteed right to a place to come, a guaranteed right to meaningful relationships, a guaranteed right to meaningful work and a guaranteed right to a place to return.

Grievance – Perceived Violation of Client Rights: The Clinical Director shall serve as Client Rights Representatives for Empowering Youth for Positive Change and shall function in this capacity as specified in the Client Grievance Policy.

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CODE OF ETHICS

EYPC holds its employees, and independent contractors to the highest ethical, moral, and legal standards in their conduct and service delivery. EYPC expects its employees, and independent contractors to maintain respect both for the privacy and well-being of the persons served and for the welfare and protection of the general public. EYPC strives to enhance the principles of competency, accountability, responsibility, nondiscrimination and service excellence. EYPC’s employees, and independent contractors, in fulfilling the mission of EYPC, voluntarily subscribe to uphold these stated principles.

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CRISIS PROTOCOL

Each EYPC counselor shall carry on or near his or her person a cell phone or pager at all times and shall ensure that service recipients are given the pager or cell phone number so that they may contact the counselor in the event of a potential crisis, actual crisis, or an emergency.

The EYPC Director shall maintain an “on-call” list designating, for each day of the year, the counselor who shall be responsible for crisis management if an assigned counselor is on leave or is otherwise unavailable.

The EYPC Director shall ensure that the “on-call” list is posted at the EYPC office and is distributed to all EYPC counselors.

Further, the EYPC Director shall ensure that the message on the EYPC office answering machine notifies callers of the name and number of the counselor who is on “on-call” duty.

EYPC counselors shall ensure that up-to-date “on-call” lists are distributed to all service recipients.

IF THERE IS A CRISIS WITH YOUR CHILD AFTER HOURS PLEASE CALL 804-789-1314 AND FOLLOW THE PROMPT TO CALL THE CRISIS ON CALL SUPERVISOR. Again, if this is a medical crisis where the client is trying to harm their self or harm someone else call 911. Then call EYPC and press the prompt for the on call Crisis Supervisor.

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