Page 23 - Procedural_Safeguards_PartCregs

The alleged violation must have occurred not more than one year
before the date that the complaint is received by the CQI Coordi-
nator. The person filing the complaint must forward a copy of the
complaint to all parties that the complaint is about at the same
time the person files the complaint with the CQI Coordinator.

During the investigation, the CQI Coordinator:
• Makes a determination if an independent on-site investiga-
tion to the local or regional service agency is necessary,
and
conducts the investigation accordingly.
• Gives the complainant the opportunity to submit additional
information, either orally or in writing, about the allegations
in the complaint.
• Provides the RAU and/or agency (if necessary) and the
person(s) whom the complaint is about, an opportunity to
respond to the complaint—including at a minimum:
 At the discretion of the WVBTT State Office, a pro-
posal to
resolve the complaint;
 Opportunity for the person who has filed the complaint
and the other parties to the complaint to voluntarily
engage in mediation consistent with this document;
 Conducts interviews with the complainant, the
respondent(s) and any other relevant parties including
the RAU and state agencies, if necessary;
 Reviews all relevant information including the results
of any on-site investigation, pertinent written records
and documents such as forms, reports and files, and
any additional information provided by the party
or parties;
 After reviewing all relevant information, makes an
independent determination as to whether a violation of
a Part C requirement has occurred; and
 Within 60 days of the date the complaint was filed,
issues a written decision to the complainant that ad-
dresses each allegation in the complaint and con-
tains:
 Findings of fact and conclusions
 The reasons for the final decision

If any party, other than the parent, requests mediation, the request
must be in writing and it may only be initiated with the parent’s
consent. Once the parent’s written consent has been obtained to
engage in mediation, evidence of that written consent shall be at-
tached to the request for mediation.

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