Section 29-6204. REPORTING OF ABUSE, NEGLECT OR OTHER RISKS TO RESIDENTS' HEALTH AND SAFETY

 

6204.1Any staff member who receives information concerning, or personally observes, an incident of alleged or actual child abuse or neglect, or has any other information indicating an alleged or actual risk to a resident's health or safety, shall make an immediate oral report and a written report within twenty-four (24) hours to the:

 

(a)CFSA's twenty-four (24) hour Child Abuse and Neglect Hotline (202 671-SAFE);

 

(b)Contracting entity social worker, case manager, or supervisor for the resident who is the subject of the report;

 

(c)Court Social Services Division (CSSD) social worker, where applicable;

 

(d)Licensing agency;

 

(e)Contracting entity; and

 

(f)CSSD, where applicable.

 

6204.2Any staff member who believes that a resident is in serious and immediate danger shall take immediate steps to protect the resident including, as appropriate, removing the resident from the danger.

 

6204.3In the oral and written report required in § 6204.1, the staff member shall state:

 

(a)The name, age, sex, and address of the resident who is the subject of the report;

 

(b)That the resident who is the subject of the report is a resident of the facility;

 

(c)The name, address, and telephone number of the facility;

 

(d)The name, occupation, address, and telephone number of the staff member making the report;

 

(e)That the resident is in the custody of CFSA or YSA, or under the supervision of CSSD;

 

(f)The name and telephone number of the contracting entity social worker or case manager for the resident who is the subject of the report;

 

(g)The name and telephone number of the CSSD social worker for the resident who is the subject of the report, where applicable;

 

(h)The nature and extent of the alleged or actual child abuse or neglect, or alleged or actual risk to the resident's health or safety;

 

(i)The person responsible for the alleged or actual child abuse or neglect, or alleged or actual risk to the resident's health or safety;

 

(j)The staff member's actions taken in response to the alleged or actual child abuse or neglect, or alleged or actual risk to the resident's health or safety;

 

(k)Any previous reports of alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety;

 

(l)Any other information which may be helpful in establishing the cause of the alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety; and

 

(m)Any other information required by law, including but not limited to the requirements contained in § 103(b) of The Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977, D.C. Law 2-22, D.C. Code § 2-1351.

 

6204.4In the written report required in § 6204.1, for each resident in the facility the staff member shall state the:

 

(a)Name of the resident;

 

(b)Name of the contracting entity;

 

(c)Telephone number of the contracting entity;

 

(d)Name of the contracting entity social worker or case manager and, where applicable, the name of the CSSD social worker; and

 

(e)Telephone number of the contracting entity social worker or case manager and, where applicable, the telephone number of the CSSD social worker.

 

6204.5Upon receipt of notification pursuant to § 6204.1, the Child Abuse and Neglect Hotline shall immediately notify:

 

(a)The CFSA and YSA joint Office of Licensing and Monitoring;

 

(b)If the resident is in the custody of CFSA, placement staff and the CFSA Director;

 

(c)If the resident is in the custody of YSA, placement staff and the YSA Administrator;

 

(d)If the resident is under the supervision of CSSD, the Director of CSSD;

 

(e)The contracting entity social worker, case manager, or supervisor for the resident who is the subject of the report; and

 

(f)The CSSD social worker for the resident who is the subject of the report, where applicable.

 

6204.6CFSA shall investigate each report provided pursuant to § 6204.1. As part of this investigation:

 

(a)Within twenty-four (24) hours of receiving notification pursuant to § 6204.1, the CFSA intake social worker and the licensing monitor shall jointly commence the investigation;

 

(b)Within forty-eight (48) hours of receiving notification pursuant to § 6204.1, the Office of Licensing and Monitoring shall convene a meeting to share necessary information and develop a plan for completing the investigation;

 

(c)The Office of Licensing and Monitoring shall convene further meetings necessary to complete the investigation;

 

(d)The licensing agency shall remove residents from the facility, if appropriate;

 

(e)The licensing agency shall not place any additional residents in the facility until the investigation is complete;

 

(f)The facility and staff shall cooperate fully and shall not interfere with the investigation; and

 

(g)The licensing agency shall visit the facility at least once a week until the investigation is complete.

 

6204.7Within thirty (30) calendar days, CFSA shall complete the investigation undertaken pursuant to § 6204.6, document its findings in a written report, and provide a copy of this report to the CFSA and YSA joint Office of Licensing and Monitoring, the contracting entity, the licensing agency, the facility, any court which has jurisdiction over any resident in the facility, the parent(s) or guardian(s) of any resident in the facility, the guardian ad litem of any resident in the facility and, where applicable, the CSSD.

 

6204.8Following receipt of each oral report provided pursuant to § 6204.1, the licensing agency shall investigate the facility to assess compliance with this Chapter and the facility's ability to provide for the residents' health and safety.

 

6204.9Within five (5) business days of receiving the written report required under § 6204.7, the licensing agency shall complete a separate written report indicating whether the licensing agency intends to take any action as a result of the licensing agency's investigation, including but not limited to the imposition of civil fines, penalties, and related costs against the facility, the conversion of the facility's license to a provisional license, the conversion of the facility's license to a restricted license, the suspension of the facility's license, or the revocation of the facility's license. The licensing agency shall provide a copy of this report to the persons listed in § 6204.7 and discuss this report with the facility.

 

6204.10The contents of the report required under § 6204.9 shall not affect the licensing agency's authority under this Chapter to take any action as a result of the investigation, including but not limited to the right to impose civil fines, penalties, and related costs against the facility, to convert the facility's license to a provisional license, to convert the facility's license to a restricted license, to suspend the facility's license, or to revoke the facility's license.

 

6204.11The facility shall:

 

(a)Inform all staff and residents of the facility's policies and procedures relating to child abuse or neglect and risk to resident's health or safety; including how to report suspected abuse or neglect and risk to resident's health or safety;

 

(b)Require staff to immediately report, and cooperate with officials investigating, all alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety;

 

(c)Inform all residents and staff that they do not have to notify or obtain permission from the facility or another staff member before reporting any incidence of alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety;

 

(d)Place staff identified as allegedly responsible for the alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety, on administrative leave or reassignment to duties involving no contact with residents until the investigation required by § 6204.6 is complete; and

 

(e)Ensure that residents and staff may report incidents involving alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety, without threat of discharge or other retaliation.

 

6204.12The provisions of this section are in addition to any other legal requirements related to the reporting of child abuse and neglect, including but not limited to the requirements contained in § 103(b) of The Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977, D.C. Law 2-22, D.C. Code § 2-1351.

 

source

Final Rulemaking published at 48 DCR 8675, 8680 (September 21, 2001).