Sec. 07.05.01.12. Child Abuse and Neglect

A. Written Policy. The agency shall have a written policy conforming with State law of the procedures to be followed in any incident of suspected child abuse or neglect by an employee, volunteer, or board member. The written policy shall require that:

(1) The agency send the chief administrator or a designee to the team meetings when the local department requests the agency to participate on the multidisciplinary case consulting team to investigate a report of suspected abuse or neglect in the agency and to help formulate a corrective action plan;

(2) The agency conspicuously post in its administrative office the telephone number supplied by the local department for reporting child abuse and child neglect;

(3) Unless limited by the local department's case plan for the child, the agency notify the child's parent or legal custodian of any report of child abuse or neglect in the agency;

(4) Agency employees, volunteers, or governing board members who suspect child abuse or neglect report the incident to the:

(a) Local department or local law enforcement agency, and

(b) Chief administrator or, if the individual suspected of child abuse or neglect is the chief administrator, president of the governing board;

(5) The agency may not prevent the employee, volunteer, or board member from reporting the incident;

(6) The agency protect the individual from dismissal or any other reprisal for making the report;

(7) As needed, the agency enable the individual to provide testimony in court or participate in the investigation without loss of leave, pay, or other benefits; and

(8) Within 48 hours of the incident or its discovery, a written report be sent to the Administration by:

(a) The agency's chief administrator, or

(b) If the chief administrator is the suspected perpetrator, the president of the governing board.

B. Requirements for Employees, Volunteers, and Board Members. Before appointment to the agency, each employee, volunteer, or board member shall:

(1) Read a statement of what constitutes child abuse or neglect;

(2) Sign a statement acknowledging that:

(a) The individual shall report to the local department or local law enforcement agency any incident of suspected child abuse or neglect;

(b) The agency requires as a condition of appointment that the individual:

(i) Report to the chief administrator or president of the governing board any incident of suspected child abuse or neglect,

(ii) Cooperate in any investigation or review, and

(iii) Give formal testimony if required.

C. Requirements of the Chief Administrator or Governing Board President. When the chief administrator or governing board president learns of a report of suspected child abuse or neglect by any agency individual, the chief administrator or president of the governing board shall immediately isolate the individual from all children in the agency's care or receiving adoption services.

D. Local Department Finding of Child Abuse or Neglect. If a local department investigation of child abuse or neglect results in a finding of indicated child abuse or neglect, the chief administrator or, if the finding results from an investigation of the chief administrator, the president of the governing board:

(1) May dismiss the employee, volunteer, or board member from all duties; and

(2) Shall isolate the agency individual from all children in the agency's care or receiving adoption services.