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Ombudsman: Problems with state OCS grievance process

Posted: June 19, 2012 - 12:01am

JUNEAU — The process for filing complaints with the state Office of Children’s Services, or OCS, is cumbersome and ineffective and should be rewritten, an investigative arm of the Alaska Legislature has found.

The state Ombudsman, in a report released Monday, determined that “convoluted” and difficult-to-apply regulations are the root of the problems with the OCS grievance process.

The ombudsman recommends that OCS repeal and replace its regulations and policies and procedures for grievances, and provide employee training on the new regulations and policies. OCS Director Christy Lawton agreed with these points, and according to the report said the agency planned to begin drafting new regulations in July.

Lawton said Monday that she fully agrees the current process is flawed, and not as “user-friendly” as it should be. She said OCS appreciates the time and effort that the ombudsman’s office has put into the issue because it has provided a “good road map” for how OCS can move forward in a way that benefits families and is clearer to employees.

The ombudsman investigates citizen complaints against state agencies and employees. Ombudsman Linda Lord-Jenkins said her office’s eight-month investigation in this matter, arising from problems that her office said investigators observed during past OCS investigations, included surveys of OCS employees and citizens who’d contacted the ombudsman with OCS complaints.

It cites the case of a grandfather, who believed OCS had taken actions that were hurting his grandchild. It says he filed a complaint but didn’t hear back, though OCS is required to evaluate a grievance within three working days of receiving one. After getting a meeting with an OCS manager, at the ombudsman’s urging, he found the agency had no record of his complaint and was told it would be reviewed by a supervisor, but again, he didn’t hear back.

He filed another grievance three months later, but OCS didn’t respond, the report says. After the ombudsman intervened, OCS convened a regional panel, which the report says is the final level of appeal within OCS before a case can go to court. The panel concluded that OCS did not err in handling the grandchild’s case, but the man who filed the grievance never learned the outcome, because the panel said he was not a party to the child’s case, and therefore, not entitled to learn the decision. It also failed to tell him of his legal right to appeal the decision to court, the report said.

“This story is not, unfortunately, an isolated fluke or rare occurrence,” the report states. It found that while most OCS personnel “make efforts to promote fairness and efficiency in the handling of complaints, the structure of the OCS grievance procedure is so cumbersome and inherently difficult to administer that the process frequently fails to provide a fair and reasonable method of recourse to aggrieved individuals.”

A survey of a random selection of employees characterized familiarity of the process as ranging from “complete ignorance to thorough knowledge,” with new employees less likely to be aware of the process, and more experienced employees having greater knowledge, according to the report.

The regulations were rewritten in 2006, following settlement of a federal lawsuit filed by a parent who struggled to clear his name against abuse allegations. OCS, as part of that settlement, agreed to adopt regulations providing greater due process, according to the report.

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Concerned Citizen
428
Points
Concerned Citizen 06/19/12 - 07:43 am
3
3

..fairness and efficiency...

should NEVER be two descriptors used when a discussion of OCS and how it runs is afoot !! The current management of the local field office traunce all over best practices, subverting law and policy at every opportunity, and then interact dismissively with decent, hard working stakeholder agency staff who legitimately care about the clients and provision of industry accepted, evidence based, rehabilitative efforts. Inexperienced social workers do the best they can, but are constantly overworked and micromanaged when they actually apply good decision making and adhere to industry best practice models.The unacceptable high turn over rate at the field office has been blamed on stress and case load sizes. Truth be known, the case sizes are not fundamentally different in Juneau than anywhere else... matter of fact, some municipalities have triple the case participants without the unacceptable staff turn over rate. Tenured social workers are run off constantly when they say "NO !!" to the expected norms of treatment of clients and case participants. The unspoken truth of the turn over rate is the management. When non-OCS, local community professionals apply for those jobs (silly right? but they legitimately care about the clients), they are told that they wont ever be hired due to previous "disruptive interactions" that have caused OCS client communication problems. Apparently advocating for client rights, application of best practices, asking questions and expecting answers, and compliance with the law are not attributes of a viable candidate for employment.
When Bill Hogan finally eliminates the dysfunctional and callous field office management and replaces them with staff who actually care about what they do, then fairness and efficiency can be again applied... Until then substitute the descriptors "detatched, inefficient, uncaring, and favoritism."

Concerned Citizen
428
Points
Concerned Citizen 06/19/12 - 08:48 am
3
2

NewLife..

The fact that union membership is a component of the OCS positions is far from the reason for the current issues in that office. Union people, for the most part, are hardworking, decent people.
I dont like OCS or anything that it stands for, but I have legitimate, intellectual argument for my stance and can offer 20+yrs of experience interacting as a stakeholder to their process in support of any opinion or argument I propose. Please qualify your rhetoric if you want your comments to be respected. Substantiate your opinions, offer something other than name calling... Believe me, OCS provides the public with ample amounts of information to substantiate any argument against their practices... you can do better than name calling !!

sidebar: the CBJ Human Rights Commission is a volunteer organization and is NOT unionized or affiliated with the state.

akbrdguru
1077
Points
akbrdguru 06/19/12 - 01:29 pm
5
2

Hey brainiac, if your post

Hey brainiac, if your post was about state agencies, why did you try to equate OCS and other state agencies with a volunteer, non-union based, city commission?

Colorado14er
2433
Points
Colorado14er 06/19/12 - 02:56 pm
4
2

I think NewLife needs a hug.

I think NewLife needs a hug. Either that or a slap upside the head and swift kick in the ass.

Regarding OCS, most of their employees I've met are hard working individuals, but they are quite often understaffed. And they do need quite an overhaul in their regulations and policies, along with better training.

Well what do you know, that's what the state Ombudsman recommended.

Such is life with some state agencies, particularly Health and Social Services.

skatdachef
364
Points
skatdachef 06/19/12 - 06:14 pm
0
1

???

Reading the comments, at times it's easy to forget the article and what the issue was. The history of OCS is so full of misjudged parents, mismanaged cases and fast tracking children, its hard not to be jaded. The case about the grandfather is one that hopefully didn't end with extreme disaster. How many times do we hear of the ones that do? The comments, off the charts, as is the norm. Reading newlife's, it could easily be about the VA Hosp system, and rightly so with merit. But, to lump all union members in his basket of disgust, I suggest he move to Wisconsin. Truth is, without union labor laws, any correlation to classic Dickens and the way the work force was actual slave labor, child abuse and forced poverty would be very real. Yes, OCS is understaffed and makes bad decisions. But, not all are the norm........Yet! All gov agencies need more humanity and less red tape protectionism.

ken dunker II
3341
Points
ken dunker II 06/20/12 - 05:39 am
1
0

State agency powers, particularly in the area of family law,

does not allow a level playing field. Eight months of investigation and the best the Ombudsman office can come up with is the process of filing complaints is cumbersome and ineffective?

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