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115.352
(e)
Exhaustion of administrative remedies
Are third parties, including fellow residents, staff members, family
members, attorneys, and outside advocates, permitted to assist
residents in filing requests for administrative remedies relating to
allegations of sexual abuse? (N/A if agency is exempt from this
standard.)
yes
Are those third parties also permitted to file such requests on
behalf of residents? (If a third party, other than a parent or legal
guardian, files such a request on behalf of a resident, the facility
may require as a condition of processing the request that the
alleged victim agree to have the request filed on his or her behalf,
and may also require the alleged victim to personally pursue any
subsequent steps in the administrative remedy process.) (N/A if
agency is exempt from this standard.)
yes
If the resident declines to have the request processed on his or
her behalf, does the agency document the resident’s decision?
(N/A if agency is exempt from this standard.)
yes
Is a parent or legal guardian of a juvenile allowed to file a
grievance regarding allegations of sexual abuse, including
appeals, on behalf of such juvenile? (N/A if agency is exempt from
this standard.)
yes
If a parent or legal guardian of a juvenile files a grievance (or an
appeal) on behalf of a juvenile regarding allegations of sexual
abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her
behalf? (N/A if agency is exempt from this standard.)
yes
115.352
(f)
Exhaustion of administrative remedies
Has the agency established procedures for the filing of an
emergency grievance alleging that a resident is subject to a
substantial risk of imminent sexual abuse? (N/A if agency is
exempt from this standard.)
yes
After receiving an emergency grievance alleging a resident is
subject to a substantial risk of imminent sexual abuse, does the
agency immediately forward the grievance (or any portion thereof
that alleges the substantial risk of imminent sexual abuse) to a
level of review at which immediate corrective action may be
taken? (N/A if agency is exempt from this standard.)
yes
After receiving an emergency grievance described above, does
yes
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