Complaint Procedures

HOW INDIVIDUALS CAN MAKE A COMPLAINT AGAINST GOOCHLAND POWHATAN COMMUNITY SERVICES

As an individual in services, it is your right:

• Not to be denied access to services based on age, sex, religion, race, color, handicap or national origin.
• Not to be denied services based on your inability to pay.
• To participate in the development of your treatment program.
• Not to be denied services solely because you have asserted rights protected by this policy.
• To have all information regarding your treatment managed confidentially.
• Except in an emergency, not to be required to accept treatment without your consent.
• To be treated with dignity.
• To the least restrictive alternative treatment when several options are reasonably available.
• To all legal, civil and personal rights guaranteed by law.

Anyone who believes GPCS disrespected or denied the rights of an individual served can make a complaint against GPCS.  You can tell any GPCS staff, the Human Rights Advocate, the disAbility Law Center https://www.dlcv.org/ and/or the ADA Disability Section of the Department of Justice: http://www.ada.gov/filing_complaint.htm.

When you make a complaint to GPCS staff, your complaint is reported within 24 hours to the Department of Behavioral Health and Developmental Services (DBHDS), Office of Human Rights.  If the complaint includes an allegation of abuse, neglect, or exploitation by GPCS staff, it is also reported to the Department of Social Services, and, law enforcement, if it may be a crime.  

The Program Supervisor or other GPCS staff contacts you, your authorized representative, if you have one, and/or the complainant, if it is someone other than you, within 24 hours to explain the process and next steps.  An investigation by GPCS begins within 24 hours of receiving the complaint.  You, your authorized representative if you have one, and any involved employees or witnesses is interviewed.  You receive updates as needed or as you requested.

Within 10 business days of the complaint being received, the following happens:

• The Program Supervisor completes the investigation and writes a report to the Executive Director who decides whether abuse, neglect, exploitation and/or a human rights violation has occurred. 
• The Program Supervisor or other GPCS staff tells you and sends you a letter about whether the complaint was found to be a violation or not, what actions if any, are being taken, your right to appeal the decision and/or the actions, and how to appeal. 
• GPCS notifies DBHDS of the results of the investigation, the decision, the actions, and your response.

If you are not satisfied or do not agree with the decision or actions, you have 10 business days after receiving the Complaint Outcome Letter to write a letter petitioning for a hearing with the Goochland Powhatan Local Human Rights Committee (GP LHRC).  GPCS Human Rights Liaison or the DBHDS Human Rights Advocate can help you write this letter.

Within 20 business days of receiving your petition letter, the GP LHRC holds a hearing.  You or your chosen representative must attend the hearing.  The Executive Director, GPCS Human Rights Liaison, or a designee must attend.  The GP LHRC hears the appeal and gives its findings and recommendations.  More information on Human Rights and the Appeals Process can be found at http://www.dbhds.virginia.gov/quality-management/human-rights.