Developmental Services - Case Management Manual

Developmental Services Grievance and Appeal Process Insert

The Department finalized a Decree compliant notice to go out with all substantive correspondence to class members and guardians of class members.  This notice is in the form of a colored insert.  This was printed and distributed to all regions in August.  Starting in September of 2004, all regions have been including this notice in substantive correspondence.  "Substantive correspondence" is notices relating to the personal planning process and all correspondence which denies services or otherwise impacts the rights of persons with mental retardation served by the Department.  In order to fully incorporate this practice the Department will finalize a distribution protocol for all PCP coordinators (including agency PCP coordinators) and add a section to the Case Management Manual regarding the inclusion of the insert into all substantive correspondence. As of 1/31/2005 we have not completed the added language to the CMM; however the other language changes have been drafted into the PCP Preparation and Procedure Guide and the PCP Protocol. This will be made available to Plaintiff's counsel and the Master by January 31, 2005.

The Decree requires notice of the grievance and appeals process in the following instances: when a person's rights may be "limited or abridged" (Section VII(10)(h)); any "action or inaction by the defendants related to or involving rights afforded by, or arising under, this [decree]" (Section XII(1)); and in "notices relating to the personal planning process and to the provision of, or failure to provide, services" (Section XII(2)).