Section 29-6304. ABUSE, NEGLECT, OR OTHER RISKS TO RESIDENTS' HEALTH AND SAFETY

 

6304.1The independent living program shall establish and implement appropriate policies and procedures to implement the provision of § 6304. The policies and procedures shall include:

 

(a)Provisions that implement the District law that require staff to immediately report all alleged or actual child abuse or neglect;

 

(b)Provisions that require staff to cooperate with District officials investigating all alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety;

 

(c)Provisions that encourage residents to report alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety, to CFSA's twenty-four (24) hour Child Abuse and Neglect Hotline (202-671-SAFE);

 

(d)Informing residents that they do not have to notify the independent living program 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;

 

(e)Informing staff that they are not required to notify the independent living program 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;

 

(f)Assurances to residents and staff that the independent living program will not discharge, fire, or otherwise retaliate against the resident or staff member because of a good faith report of alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety; and

 

(g)Provisions for an internal response to a report of alleged or actual child abuse or neglect, or alleged or actual risk to a resident's health or safety including the immediate reporting by staff to the administrator.

 

6304.2The 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 The Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977, D.C. Law 2-22, title I, § 103(b), D.C. Official Code, § 4-1301.01 et seq.

 

6304.3A 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:

 

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

 

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

 

(c)OLM.

 

6304.4If the resident is eighteen (18) years of age or older and is not committed to CFSA, the provisions of § 6304 shall apply except that CFSA intake staff may not participate in any investigation or subsequent activities unless there is information of alleged or actual child abuse, neglect, or risk to the health or safety of another resident who is younger than eighteen (18) years of age or is committed to CFSA.

 

6304.5A 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.

 

6304.6In the oral and written report required by § 6304.3, the staff member shall state:

 

(a)The resident's name, age, sex, and address;

 

(b)That the resident is a resident of an independent living program;

 

(c)The independent living program's name, address, and telephone number;

 

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

 

(e)That the resident is in the custody of or committed to CFSA or YSA, as appropriate;

 

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

 

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

 

(i)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;

 

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

 

(k)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

 

(l)Any other information required by law, including but not limited to the requirements contained in The Prevention of Child Abuse and Neglect Act of 1977, D.C. Law 2-22, title I, § 103(b), D.C. Official Code, § 4-1301.01 et seq.

 

6304.7Upon receipt of a report made pursuant to § 6304.3, the Child Abuse and Neglect Hotline shall immediately notify:

 

(a)OLM;

 

(b)If the resident is in the custody of YSA, YSA placement and monitoring staff, and the YSA Administrator or designee; and

 

(c)The contracting entity social worker, case manager, or supervisor for the resident who is the subject of the report, if any.

 

6304.8Except as provided by § 6304.4, CFSA shall investigate each report made pursuant to § 6304.3. The investigation shall commence within twenty-four (24) hours of receiving the report and:

 

(a)Within forty-eight (48) hours of receiving the report OLM shall convene a meeting to share necessary information with persons involved in the investigation and develop a plan for completing the investigation;

 

(b)OLM shall convene further meetings necessary to complete the investigation;

 

(c)CFSA shall remove residents from the independent living program, if appropriate;

 

(d)The independent living program may not accept additional residents during the investigation, unless it is informed in writing by CFSA that it may do so;

 

(e)The independent living program and staff shall cooperate fully, and may not interfere, with the investigation; and

 

(f)CFSA shall visit the independent living program at least once a week until the investigation is completed.

 

6304.9Upon completion of the investigation undertaken pursuant to § 6304.8, OLM shall prepare a written report addressing the independent living program's compliance with this Chapter and ability to provide for residents' health and safety. The report shall include a determination as to whether to take any action against the independent living program as a result of the investigation, including but not limited to:

 

(a)Imposition of civil fines, penalties, and related costs;

 

(b)Conversion of the license to a provisional or restricted license;

 

(c)Suspension of the license; or

 

(d)Revocation of the license.

 

6304.10The report required pursuant to § 6304.9 shall be provided to the contracting entity and the independent living program.

 

6304.11The content of the report required under § 6304.9 may not affect CFSA's authority under this Chapter to take any action as a result of the investigation, including but not limited:

 

(a)The imposition of civil fines, penalties, and related costs against the independent living program;

 

(b)Conversion of the license to a provisional or restricted license;

 

(c)Suspension of the license; or

 

(d)Revocation of the license.

 

6304.12An independent living program shall 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 § 6304.8 is completed.

 

6304.13An independent living program shall conspicuously post the policies and procedures relating to child abuse or neglect and risks to resident's health or safety in the main facility and a copy placed in each resident handbook.

 

source

Final Rulemaking published at 49 DCR 1591 (February 22, 2002).