PAI is required to establish a grievance procedure for clients
or prospective clients of this system to assure that individuals with
disabilities have full access to the system. PAI’s client grievance procedure is
applicable to all clients and prospective clients under the Protection and
Advocacy for Mentally Ill Individuals Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Protection and Advocacy for Individual
Rights Act and Assistive Technology.
I. Any client or prospective client of PAI has the right to
file a grievance if she or he:
Asked for help from PAI but was told s/he was not eligible for help; or
Currently receives help from PAI and is dissatisfied with the help given;
or
Was receiving help for PAI that ended, or further help was denied, for
reasons with which the client or prospective client disagrees.
II. Notice of Right to File Grievance
A prospective client shall be orally informed of her/his right
to file a grievance when s/he is orally informed that PAI will not be
representing her or him and/or PAI will not be accepting her/his case for
assessment and/or investigation. The oral notice to the prospective client of
the right to file a grievance should inform her/him of that right and offer to
provide the prospective client with a written copy of the grievance procedure.
If the prospective client requests a copy of the grievance procedure, it should
be immediately provided or mailed to the individual.
A prospective client shall be informed in writing of her/his
right to file a grievance when s/he is informed in writing that PAI will not be
representing her/him. A written copy of the grievance procedure should also be
provided to the prospective client.
Any client or former client will be informed in writing of
her/his right to file a grievance whenever PAI is terminating the
attorney-client relationship against the wishes of the client or takes any
action with which the client is dissatisfied. The client or former client should
also be provided with a written copy of the grievance procedure when s/he is
informed of the right.
Both the oral and written notice of the right to file a
grievance should also inform the client or prospective client of her/his right
to be assisted in the grievance process by a representative of her/his choosing,
at her/his expense.
A client or prospective client shall be informed of the
following steps in the grievance procedure:
Step A--(OPTIONAL) Discuss the Disagreement with the PAI
Employee
You may discuss your disagreement with the PAI employee with
whom you have been in contact. You should do this within 30 days of the action
with which you disagree. This step is optional. If you do not want to
discuss the matter with the PAI employee, you may file your grievance directly
with the Executive Director if you wish to do so. Follow Step B.
Step B--PAI Executive Director
If you are dissatisfied with the PAI employee’s response or
proposed action, you may appeal to the Executive Director within 30 days of the
decision. You may file your grievance directly with the Executive Director
within 30 days of PAI’s action with which you disagree. The appeal may be made
orally or in writing to the:
Executive Director
Protection & Advocacy, Incorporated
100 Howe Avenue, Suite 185 North
Sacramento, California 95825
(916) 488-9955 or (800) 776-5746
Upon receiving an appeal, the Executive Director will
investigate the action or decision and examine any additional information
submitted with the appeal. The Executive Director may request that a staff
person, not involved in the action being complained of, conduct an independent
legal analysis of the grievance, as appropriate. The Executive Director will
issue a written decision regarding the complaint within 30 days of receiving the
request.
Step C--PAI Board of Directors
If you are dissatisfied with the Executive Director’s decision,
you may seek review by the PAI Board of Directors’ Executive Committee within 30
days of the Executive Director’s decision. The request for review by the PAI
Board Executive Committee may be made by writing to:
President, Board of Directors
Protection and Advocacy, Incorporated
100 Howe Avenue, Suite 185 North
Sacramento, California 95825
(916) 488-9955 or (800) 776-5746
Upon receipt of a request for review by the Board Executive Committee, the
Executive Director shall distribute the request for review and the supporting
materials to the members of the Board Executive Committee. The Board Executive
Committee will consider the request and confer to make a decision. A written
decision will be issued within 30 days of receipt of the request for
review.