Page 22 - Procedural_Safeguards_PartCregs
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Discussions  that  occur  during  the  mediation  process  must  be
                                 confidential and may not be used as evidence in any subsequent
                                 impartial  due  process  hearing  or  civil  proceeding  of  any  federal
                                 court or state court.

                                 WVBTT  has  established  procedures  to  offer  you  and  WVBTT
                                 providers  that  choose  not  to  use  the  mediation  process  an
                                 opportunity to meet at a time and location convenient to you with a
                                 disinterested party:
                                    •   Who  is  under  contract  with  an  appropriate  alternative
                                        dispute          resolution  entity,  or  a  parent  training  and
                                        information center or    community parent resource center
                                        in West Virginia established under Section 671 or 672 of
                                        IDEA.
                                    •   Who explains the benefits of, and encourages the use of
                                        the mediation process to you.

                                 STATE COMPLAINTS

                                 You  or  your  representative,
                                 other     individuals,   or
                                 organizations,  including  an
                                 organization or individual from
                                 another  state,  may  file  a
                                 complaint    alleging   that
                                 WVBTT,  an  enrolled  service
                                 coordinator  or  direct  service
                                 practitioner, RAU, or any other
                                 state  agency  involved  in  the
                                 early  intervention  system  is
                                 violating or has violated a requirement of federal or West Virginia
                                 law  or  WVBTT  policies  and  procedures.  If  you  want  to  file  a
                                 complaint, you must file the complaint with the CQI Coordinator in
                                 the WVBTT State Office. You may seek assistance with the filing
                                 of your complaint by contacting the WVBTT State Office. WVBTT
                                 provides  a  State  Complaint  brochure  and  State  Complaint  form,
                                 available on the WVBTT website at http://www.wvdhhr.org/birth23.

                                 A complaint must include:
                                    •   A written statement that WVBTT, an individual, a RAU, or
                                        a  practitioner  or  service  coordinator  of  WVBTT  has
                                        violated  a  requirement  of  Part  C  Federal  regulations  or
                                        WVBTT policies and procedures;
                                    •   The facts on which the complaint is based; and
                                    •   The signature and contact information of the complainant
                                        and if alleging violations with respect to a specific child:
                                           The name and address of the residence of the child;
                                           A  description  of  the  nature  of  the  problem  including
                                           facts relating to the problem; and
                                           A  proposed  resolution  of  the  problem  to  the  extent
                                           known  and  available  to  the  party  at  the  time  the
                                           complaint is filed.









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