Sec. 14.31.06.14. Child Abuse and Neglect

A. Written Policy. The licensee shall establish and implement a written policy that sets out, in compliance with State law and regulations:

(1) The definitions of child abuse and neglect;

(2) The procedures to be followed if the licensee has reason to believe that a child has been subjected to abuse or neglect; and

(3) The penalties that the program may impose for failure to comply with the policy.

B. Reporting Requirements.

(1) An individual who notifies the local department of social services or appropriate law enforcement agency under this regulation also shall report and give all information required by State law to:

(a) The program administrator; or

(b) If the program administrator is the individual alleged to be responsible for the abuse or neglect, a specified officer of the licensee.

(2) The licensee may not prevent an individual from making a report of abuse or neglect or take disciplinary action against an individual for making in good faith a report of abuse or neglect.

(3) The licensee shall cooperate in the conduct of any investigation or proceeding brought as result of a report of abuse or neglect by:

(a) Allowing employees to participate in the investigation and to provide testimony without loss of leave, pay, or other benefits; and

(b) Disciplining employees who fail or refuse to report abuse or neglect when required to do so or do not cooperate in the investigation or provide testimony when requested.

(4) Within 48 hours after a licensee files a report of child abuse or neglect with the local department of social services or the appropriate law enforcement agency, or within 48 hours after it becomes known to the licensee that the report has been filed, the licensee shall:

(a) Submit a written report to the licensing agency informing it of the activity; and

(b) Unless inconsistent with the child’s individual plan of care, inform the child’s parent or legal guardian of the allegation.

(5) Within 10 days after a local department of social services makes a finding regarding a report that a child may have been subjected to abuse or neglect by an individual associated with the licensee, the licensee shall submit to the licensing agency a written final report indicating any necessary corrective action that the licensee will undertake and put into effect not more than 30 days after the final report.

C. Employee's Signature. The licensee shall ensure that as a condition of employment, all employees read and sign a statement acknowledging receipt of the policy established under §A of this regulation.

D. Administrative Leave. Upon being notified of or making a report alleging that an employee has subjected a child to abuse or neglect, the licensee shall immediately place the employee on administrative leave and remove the employee from access to the children. This regulation does not prohibit a licensee from suspending without pay or discharging an employee alleged to have subjected a child to abuse or neglect.

E. Multidisciplinary Consultation. When the local department of social services asks the program administrator to participate on a multidisciplinary case consultation team to investigate a report of child abuse or neglect and to help formulate a corrective action plan, the program administrator or designee shall participate on the team.

F. Posting Telephone Numbers. The licensee shall post conspicuously the telephone number supplied by the local department of social services for reporting child abuse or neglect.