Section 29-6228. PERSONNEL

 

6228.1Facilities are encouraged to recruit staff members who have specialized knowledge and skills and the cultural competency and sensitivity necessary to provide for the residents' safety and developmental needs. Facilities are encouraged to recruit staff members who are representative of the cultural and ethnic groups served by the facility. Staff members include all employees of the facility, all volunteers, and independent contractors who regularly provide services at the facility.

 

6228.2All prospective and existing staff shall undergo a criminal records check prior to commencing work at any facility. The facility shall obtain the written approval of the licensing agency and the contracting entity prior to employing any person who has been convicted of the following offenses or their equivalents:

 

(a)Fraud; or

 

(b)A drug-related offense.

 

6228.3No facility shall allow any person to serve as a staff person who has a conviction for any of the following offenses or their equivalents:

 

(a)Child abuse;

 

(b)Child neglect;

 

(c)Spousal abuse;

 

(d)A crime against children, including child pornography; or

 

(e)A crime involving violence, including but not limited to, rape, sexual assault, homicide and assault.

 

6228.4All prospective and existing staff shall undergo a child protection registry check prior to commencing work at any facility. No facility shall allow any person to serve as a staff person who has been:

 

(a)Identified as a possible abuser or neglecter in a currently-pending child abuse or neglect case; or

 

(b)Adjudicated as the abuser or neglecter in a child abuse or neglect case.

 

6228.5The facility shall keep confidential the results of all criminal records and child protection registry checks.

 

6228.6All existing staff shall undergo a physical examination sufficient to determine their general physical condition, freedom from disease in a communicable form, and ability to work closely with or care for children without danger to the children. All prospective staff shall undergo a pre-employment physical examination sufficient to determine their general physical condition, freedom from disease in a communicable form, and ability to work closely with or care for children without danger to the children. All staff shall undergo a follow-up examination every twenty-four (24) months. The facility shall obtain the licensing agency's approval prior to permitting any staff person who tested positive for a communicable disease to provide services in the facility. The facility shall keep confidential all information obtained pursuant to this section.

 

6228.7The facility shall test all prospective and existing staff for drug and alcohol use, in accordance with the following procedures:

 

(a)The facility shall give all existing staff written notice that the facility will implement a drug and alcohol testing program for the purposes of determining whether a staff member has used drugs or alcohol and as a result is unable to satisfactorily perform his or her duties. The facility may not test any existing staff member for drug or alcohol use until thirty (30) days after providing such notice. The facility shall obtain the results of such drug and alcohol testing prior to filing an application for an original annual license, but in no event later than six (6) months after the effective date of this Chapter, as required by § 6206.1.

 

(b)The facility shall require all prospective staff to undergo a pre-employment test for drug and alcohol use.

 

(c)Drug and alcohol testing shall be performed by an outside contractor certified by the United States Department of Health and Human Services to perform job-related drug and alcohol forensic testing.

 

(d)Following implementation of the drug and alcohol testing program, the facility shall require the outside contractor to conduct random drug and alcohol testing of staff at an unspecified time. The outside contractor shall conduct any such random drug and alcohol testing at the facility.

 

(e)The outside contractor shall collect urine specimens and split the samples. The contractor shall perform enzyme-multiplied-immunoassay technique (EMIT) testing on one sample and store the other sample. Any positive EMIT test shall be confirmed by the contractor using gas chromatography/mass spectrometry (GCMS) methodology.

 

(f)The facility shall notify each staff member of the result of the drug and alcohol test. The refusal to submit to a drug and alcohol test shall constitute a positive test result.

 

(g)If the result of the test is positive, the staff member may authorize the outside contractor to send the stored sample to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.

 

(h)If a staff member tests positive for drug or alcohol use, the facility may either terminate or suspend the staff member. If the facility elects to suspend the staff member, the facility may not remove the suspension until the staff member tests negative for drug and alcohol use. A staff member shall be allowed only one (1) opportunity to seek treatment following his or her first (1st) positive test result. Thereafter, the facility shall terminate a staff member who tests positive for drug or alcohol use.

 

(i)The results of any drug test conducted pursuant to this section shall be kept confidential and may not be turned over to any law enforcement agency without the written consent of the staff member.

 

6228.8The administrator shall:

 

(a)Have a master's degree in social work or a related area of study from an accredited college or university and at least two (2) years of experience in the management or supervision of child care personnel and programs; or

 

(b)Have a bachelor's degree in social work or a related area of study from an accredited college or university and at least four (4) years of experience in the management or supervision of child care personnel and programs.

 

6228.9Administrators employed by a facility in operation on the effective date of this Chapter are exempt from the requirements of § 6228.8

 

6228.10Staff members responsible for the development, implementation, and supervision of the social services of the facility shall have at least a bachelors degree in social work or related area of study from an accredited college or university and at least two (2) years experience in management and supervision of child care services. Staff members providing services at a facility in operation on the effective date of this Chapter who are responsible for the development, implementation, and supervision of the social services of the facility are exempt from the requirements of this section.

 

6228.11Staff members responsible for performing professional services, including psychological, psychiatric, medical, social work, nursing, dental, and education shall have a professional degree and appropriate license in his or her respective fields from an accredited college or university and a current license, if required by law.

 

6228.12Staff members responsible for the daily direct care, nurturance, and supervision of residents shall be at least twenty-one (21) years of age and shall have a high school or general equivalency diploma.

 

6228.13All prospective and existing staff providing transportation services shall provide the facility a current operator's permit and current driving record.

 

6228.14Whenever food is being prepared, handled, or served for human consumption, one staff member present shall have a Food Handler's Certificate from the District of Columbia Bureau of Food, Drug, and Radiation Protection.

 

6228.15All prospective and existing staff shall provide documentation sufficient to establish their identity, qualifications and experience, including proof of identification, character and work references, verification of education and current licensure or certification, if applicable. For all prospective and existing staff, the facility shall establish the identity, qualifications and experience, including proof of identification, character and work references, verification of education and current licensure or certification, if applicable.

 

source

Final Rulemaking published at 48 DCR 8675, 8706 (September 21, 2001).