Section 5-A128. REPORTING UNUSUAL INCIDENTS

 

128.1 A Licensee shall immediately notify OSSE of any unusual incident that may adversely affect the health, safety, or welfare of any enrolled child or children by submitting a completed OSSE Unusual Incident Report form to OSSE’s Child Care Complaint email address. 

 

128.2 A Licensee shall also provide a copy of the completed Unusual Incident Report form provided to OSSE to the parent(s) or guardian(s) of each child affected by the unusual incident.

 

128.3 Unusual incidents may include, but are not limited to, the following:

 

(a) Death of a person occurring at the Facility;

 

(b) Injury to, or illness of, any child that occurs during the hours the child is enrolled in care and that requires hospitalization or emergency medical treatment;

 

(c) Damage to the Facility or to any Facility vehicle or equipment that interferes with the capability of the Facility to protect the health, safety and welfare of the children and adults at the Facility;

 

(d) Outbreak of or a single occurrence of a communicable disease at the Facility that is required to be reported to the District of Columbia Department of Health in accordance with Title 22 of the District of Columbia Municipal Regulations;

 

(e) Unauthorized departure of an enrolled child or any circumstances under which a child is deemed unaccounted for or missing;

 

(f) Any traffic accident involving a vehicle rented, owned, maintained, or the use of which was contracted for by the Facility and in which children are being transported at the time of the accident;

 

(g) Any adverse or negative action the Facility takes against an employee, volunteer, or household member related to any substantiated crime against a child; or

 

(h) Any other incident at the Facility that involves a response by emergency service personnel, such as police, fire, ambulance, or poison control.

 

128.4 In the case of a traffic accident or an incident involving perceived or actual criminal activity, the Licensee shall also file a report with the appropriate law enforcement authorities.

 

128.5 Any Facility staff member who knows or has reasonable cause to suspect that an enrolled child is, has been, or is in immediate danger of being an abused or neglected child shall, as required by the District of Columbia Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code §§ 4-1321.01 et seq.), make or cause to be made an immediate oral report to:

 

(a) The Child Protective Services Division of the Child and Family Services Agency (CFSA), via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline (202-671-SAFE); and

 

(b) The Metropolitan Police Department.

 

128.6 A staff member making an oral report under this section shall also make a written report if:

 

(a) A written report is requested by the Child and Family Services Agency or the Metropolitan Police Department;

 

(b) The case is one of abuse involving drug-related activity; or

 

(c) As otherwise required by law.

 

128.7 In the oral and written reports required by this section, the staff member shall include:

 

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

 

(b) A statement that the child who is the subject of the report is enrolled at the Facility;

 

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

 

(d) To the extent known, the name, age, and sex of each sibling or other child living in the same household as the child who is the subject of the report;

 

(e) To the extent known, the name, age, and sex of each parent, guardian, or other caretaker of the child;

 

(f) The information that led the staff member to suspect that the child who is the subject of the report is being, or is at risk of being, abused or neglected, the nature and extent of the perceived or actual abuse or neglect, and any previous abuse or neglect known to the reporting staff member;

 

(g) Any other information that may be helpful in establishing whether the child who is the subject of the report is being, or is at risk of being, abused or neglect, the cause of the suspected abuse or neglect, and the identity of the person(s) responsible for it;

 

(h) The name, title, or occupation, and contact information of the staff member making the report;

 

(i) Any actions taken by the staff member or the Facility concerning the child in response to the situation; and

 

(j) Any other information required by law.

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).