Information for applicants, clients, and the public
I. Notification to Applicants, Clients, and the Public
A. CLASI provides legal advocacy services to eligible clients. We make decisions about the types of cases we can take based upon our resources and program priorities. Because we have limited funds and staffing, we cannot take every case that is presented to us. If your problem is not covered by our priorities, we may not be able to help you directly. If we cannot provide direct help, we will do our best to identify other agencies or individuals who may be able to assist you.
B. CLASI has a grievance (complaint) procedure for individuals who disagree with certain types of actions or decisions made by CLASI. The types of actions that you can file a grievance about are listed in section II, below. This is a way for you to tell us you disagree with us or to express dissatisfaction with certain actions by CLASI. The CLASI grievance procedure is a way to complain about the actions of our employees or us as an organization. It is not a way to complain about things outside of CLASI services (such as the actions by other people, businesses, or the government).
C. Information about our grievance procedure is posted in each CLASI office and on the CLASI website.
D. CLASI Grievance Officers can help individuals in filing grievances. They can be reached at:
Wilmington/New Castle County:
Attn: Grievance Officers
Community Legal Aid Society, Inc.
100 W. 10th Street, Suite 801
Wilmington, DE 19801
Fax: (302) 575-0840
Ph: (302) 575-0660, ext. 266 TTY: 302-575-0696
Email: grievance-nc@declasi.org
Dover/Kent County:
Attn: Grievance Officer
Community Legal Aid Society, Inc.
840 Walker Road
Dover, DE 19904
Fax: (302) 674-8145
Ph: (302) 674-8500, ext. 319 TTY: 302-674-9430
Email: grievance-kent@declasi.org
Georgetown/Sussex County:
Attn: Grievance Officer
Community Legal Aid Society, Inc.
20151 Office Circle
Georgetown, DE 19947
Fax: (302) 856-6133
Ph: (302) 856-0038, ext. 415
TTY: 302-856-7491
Email: grievance-sussex@declasi.org
II. Grievances may be filed with CLASI for the following concerns:
A. Individual grievances for a client or person applying to be a client
- If you were a client or applicant for CLASI services and disagree with an action or decision made by CLASI, you (the client or prospective client, or their legal guardian), may submit a grievance on the types of issues listed below:
i. Anytime while your case is open; or
ii. If you do not have an open case, not later than 60 days after the action or decision was made.
2. A grievance under this part of CLASI’s policy may only be made for these reasons:
i. CLASI rejected your case or limited services based on your case being outside of CLASI’s current priorities and you believe your case is within CLASI’s priorities;
ii. CLASI rejected your case based on CLASI program eligibility criteria and you believe you meet the program’s eligibility criteria;
iii. You believe that CLASI staff has acted unethically or unprofessionally, or discriminated against you based on a protected characteristic; or
iv. For persons who have disabilities or limited English, you believe CLASI has failed to provide services to you in a way that is accessible.
3. Clients or potential clients may not grieve other CLASI actions. This means, among other things, that the grievance process does not apply to disagreements about a decision by CLASI:
i. Based on rules of professional conduct for lawyers not to take a case or to limit our services (for example, like conflicts of interest where we have a duty to another party in the matter).
ii. To not take a case, or to limit services, based on CLASI’s merit assessment (our opinion about whether a good legal claim exists based on the facts of a case and the law that applies).
iii. To not take a case, or to limit services, based upon CLASI’s determination that due to limited resources CLASI cannot take the case, or cannot offer a higher level of service.
iv. Case management, tactical and strategic decisions by CLASI on how the case will be handled, when CLASI’s purpose in making that decision is to achieve a client’s objectives.
B. PAIMI Systemic Grievances
Individuals who have received or are receiving mental health services in Delaware, family members of such individuals, or representatives of such individuals or family members, may file PAIMI systemic grievances to assure that CLASI as a Protection & Advocacy system is operating in compliance with the Protection & Advocacy for Individuals with Mental Illness Act. Examples of legal obligations under the Act include requirements such as to:
- Protect and advocate for the rights of persons with mental health disabilities while working within the CLASI Disabilities Law Program approved goals and priorities;
- Maintain confidentiality of client records;
- Provide the public with an opportunity to comment on our statement of goals and priorities for our Disabilities Law Program’s PAIMI services;
- Not unlawfully discriminate against a person on the basis of any protected characteristic such as race, color, national origin, religion, sex, disability, marital status, creed, sexual orientation, gender identity or age.
III. Grievance Procedure
A. Starting a Grievance
1. You may start a grievance by filling out and sending the CLASI Grievance Form (a blank copy is at the end of this policy on our website), or by sending a letter or email describing the grievance to the Grievance Officer for the CLASI office the problem is with. The contact information, including emails, for the grievance officers is in part I, above.
2. If you have a disability or limited English proficiency that impacts your ability to communicate with us you may start the process by asking the Grievance Officer, for the CLASI office the problem is with, for help in writing up the grievance.
3. The Grievance Officer will provide the written grievance and any information or documents collected to the Executive Reviewer within 5 business days of your last communication with the Grievance Officer, and no later than 30 days after you have started the grievance process.
B. Grievance Review
1. The written grievance and other information/documents collected will be reviewed by the Executive Reviewer, who will be the CLASI Executive Director or the Executive Director’s designee.
2. The Executive Reviewer will communicate with the person who submitted the grievance directly about their concerns. The Executive Reviewer may also obtain additional information if the Executive Reviewer decides that would be appropriate.
3. The Executive Reviewer will tell you the decision within 30 business days of receiving the written grievance from the Grievance Officer.
C. Review by the Board
1. If you disagree with the Executive Reviewer’s response or proposed action, you may within 15 calendar days of receiving the Executive Reviewer’s decision submit to the Executive Director a written explanation of your disagreement, including a request for what you believe the result should be. The Executive Director will share your grievance with the President of the Board of Directors. You can ask for the Grievance Officer’s help with writing out your disagreement and request if you need help due to a disability or limited English.
i. Exception: the Executive Reviewer will be the final review in instances where board review is not allowed based on a grant restriction.
2. By making a request to the CLASI Board, you are providing permission to allow your confidential and attorney-client privileged information to be shared with the volunteer board members of CLASI.
3. A committee of the Board composed of three members (at least one attorney and at least one non-attorney) will consider your disagreement with the Executive Reviewer’s decision. The committee may review the written grievance and other information/documents considered by the Executive Reviewer and may request to speak with you and involved CLASI staff, in person or by audiovisual technology (phone, videoconferencing, etc.), at the committee’s discretion.
4. The committee must issue a written decision within 30 days of your submitting the written disagreement and request.
D. Confidentiality and record retention
Client grievances and related information shall be maintained by CLASI separately from your file, if any. Such records will be retained in a confidential manner, and for at least 5 years from the initiation of the grievance proceedings.
E. Expedite requests
Every attempt will be made to expedite this grievance procedure if you have an impending court or administrative hearing date. You must inform us of any need for an expedited process and any court or hearing dates.