Professional Documents
Culture Documents
From Complaint To Resolution: Understanding The Child Welfare Grievance Process
From Complaint To Resolution: Understanding The Child Welfare Grievance Process
FOR FAMILIES
April 2016
Children’s Bureau/ACYF/ACF/HHS
800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cw-grievance/. 2
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov
State Child
Welfare
State Director
Ombudsman In States that
County A complaint may do not have a
Director* be escalated to complaint
Agency An unresolved
the appropriate office, it may
Supervisor State office when be possible to
grievance may
all previous direct a
Caseworker If problem be brought to
avenues have grievance to
persists, it may the attention of
Addressing a been exhausted the State child
be helpful to the county
concern directly welfare
meet with the director or child
with the director or
agency welfare
caseworker is other
supervisor coordinator
the first step State-level
toward officials
compliant
resolution
*This official’s title may vary by State (e.g., county coordinator, district manager, regional director).
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cw-grievance/. 3
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cw-grievance/. 4
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov
by State at http://www.americanbar.org/content/dam/
Foster Care. For issues that center on the foster aba/administrative/professional_responsibility/current_
care system as a whole, you might seek the disciplinary_agency_directory_online.authcheckdam.pdf.
assistance of a State official. The State foster Judges. When you disagree with a court’s ruling or
care program manager (who has oversight believe that a judge made an error in applying the law,
responsibility for all foster care services provided the appropriate recourse is the State appellate court;
to children in the custody of the State) is the however, every State has a Judicial Commission or
key point of contact for related complaints that entity with the authority to investigate complaints of
cannot be resolved by existing procedures. When judicial misconduct and impose discipline and removal,
concerns focus on the operation of residential if appropriate. Contact information for each State office
settings and facilities (group homes, for example), is available through the Clerk of the Court. Each State’s
it may be possible to file a complaint with the Attorney General’s website typically provides broad
State licensing authority. These entities also vary grievance-specific resources for consumers. State-specific
by State, and contact information should be contact information is available at http://www.justice.gov/
available through your agency. usao/find-your-united-states-attorney.
Adoption. Similarly, the State adoption program Regardless of the nature of a complaint, you should make
manager is the expert and authority on adoption an effort to familiarize yourself with the laws of your State.
policy in each State and can assist you with Links to individual State’s statute information are available
adoption-related issues. Contact information on the Child Welfare Information Gateway’s website
for these and other State officials may be at https://www.childwelfare.gov/topics/systemwide/
accessed via the Child Welfare Information laws-policies/state/.
Gateway website at https://www.childwelfare.gov/
organizations/. Tribes. The Indian Child Welfare Act (ICWA) is a Federal
law that sets strict requirements for State courts and
social services in State child custody proceedings
involving children who are members of (or eligible for
What if I Have a Complaint About a Specific membership in) a federally recognized Tribe. ICWA
Person or Organization? establishes standards for the removal and placement of
In addition to the general grievance process, there are Indian children in foster/adoptive homes and protocols
channels for registering a complaint with particular for Tribal intervention. Many questions and answers
professionals or groups. regarding ICWA’s application and related issues
are addressed by the National Indian Child Welfare
Caseworkers. Complaints of alleged violations of the
Association on its website at http://www.nicwa.org/
Code of Ethics by a caseworker may be reported to
Indian_Child_Welfare_Act/.
the State licensing board. A list of social work boards is
available on the National Association of Social Workers All Tribal justice systems provide an opportunity to appeal
website at https://www.socialworkers.org/nasw/ethics/ rulings of the Tribal court. The range, form, and timing of
boards.asp. appeals vary by jurisdiction. Those who disagree with a
court’s decision may want to consult with an attorney with
Lawyers. For the most serious examples of lawyer
expertise in Tribal legal issues and court practices. The
misconduct, you can file a formal grievance with the State
National Indian Child Welfare Association provides the
Bar Association. A State office can determine whether the
factsheet How to Find Free & Low-Cost Legal Assistance
lawyer has engaged in unethical or unlawful practices that
at http://www.nicwa.org/Indian_Child_Welfare_Act/
warrant disciplinary action. The American Bar Association
documents/LowCostLegalAssistanceHelpLawyerHelpYou.
provides a directory of lawyer disciplinary agencies
pdf. Also, the Native American Rights Fund website
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cw-grievance/. 5
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov
provides a list of legal associations that specialize in Native In addition, many States have OIGs within their own human
American issues at http://www.narf.org/nill/resources/ services departments that are responsible for reviewing
lawyer.html. grievances at a State level. It is usually best to seek the
assistance of the State office first. Specific details about
Parents may direct their complaint to their State ICWA
the type of reports investigated by the Federal OIG are
manager. Child Welfare Information Gateway’s list of
provided at https://oig.hhs.gov/fraud/report-fraud/index.
State child welfare agency websites allows quick access
asp. Matters involving fraud, waste, and mismanagement
to State information. Many websites are easily searchable
may be reported to the OIG Hotline Operations, 1.800.HHS.
for State ICWA contacts at https://www.childwelfare.
TIPS (1.800.447.8477), or online at https://forms.oig.hhs.gov/
gov/organizations/?CWIGFunctionsaction=rols:main.
hotlineoperations/report-fraud-form.aspx.
dspROL&rolType=Custom&RS_ID=16.
For Tribal issues or concerns, social workers within the
Elected Officials. When you have concerns related to
Division of Human Services at the Bureau of Indian Affairs
the system as a whole, you may find it helpful to contact
serve as the contact point for the social service agencies
your State senators or representatives. These officials are
responsible for child protection, placement, and adoption of
responsible for developing and reforming State legislation.
Indian children. The Regional Social Workers Contact list is
Contact information for your elected officials is available at
available on the U.S. Department of the Interior Department
http://www.usa.gov/Contact/Elected.shtml.
of Indian Affairs website at http://www.indianaffairs.gov/
When Can the Federal Government WhoWeAre/BIA/OIS/HumanServices/index.htm.
Intervene? Additional Resources
Child maltreatment is defined by Federal law, but each To see how States define child abuse and neglect, see
State is responsible for providing its own definitions. The Child Welfare Information Gateway’s Definitions of
Federal Government provides funding and guidance to Child Abuse and Neglect at https://www.childwelfare.
States to operate child protection systems; it does not have gov/pubPDFs/define.pdf. For an overview of the CPS
the authority to intervene in individual cases or investigate investigative process, please refer to How the Child
State policies and practices. These responsibilities fall Welfare System Works at https://www.childwelfare.gov/
under each State. However, in some cases, it may be pubPDFs/cpswork.pdf.
appropriate to elevate your concerns beyond the local or
Child Welfare Information Gateway offers the State
State level to the Federal Government.
Guides & Manuals Search, which links to online
If you feel you are being unfairly treated or discriminated publications created by State agencies. The database
against due to race, color, national origin, disability, age, is searchable by both topic and audience. The most
sex (gender), or religion, you can file a complaint with your common types of publications include policy or
State’s human services Office for Civil Rights (OCR). The procedure manuals, administrative rules, licensing
OCR is responsible for reviewing claims of discrimination standards, handbooks for parents and caregivers, or
and determining whether the reported incident(s) require other guides explaining how the State provides child
corrective action. If your State does not have an OCR, welfare services to families. Search for materials in your
complaints can be elevated to the OCR within the U.S. State at https://www.childwelfare.gov/topics/systemwide/
Department of Health and Human Services (HHS) at the sgm/.
Federal level. For more information on filing complaints,
Foster parents with complaints may seek the support and
and a list of regional HHS OCR offices, visit the OCR
guidance of their State Foster Parent Association. A list of
website at http://www.hhs.gov/ocr/office/index.html.
State associations is available at https://www.childwelfare.
The Office of Inspector General (OIG) within HHS handles gov/organizations/?CWIGFunctionsaction=rols:main.
complaints related to fraud, waste, abuse of funds, and dspROL&rolType=Custom&RS_ID=32.
mismanagement in HHS-funded child welfare programs.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/pubs/factsheets/cw-grievance/. 6
From Complaint to Resolution: Understanding the Child Welfare Grievance Process https://www.childwelfare.gov