Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.070 - Protection and Care of the Child

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the provisions for
				  protection of the child, including child abuse or neglect, or both,
				  exploitation, confidentiality, discipline and control, physical restraint, fire
				  safety/emergency preparedness procedures, transportation, work experience and
				  allowances. Also, provision for the care of the child, including living
				  arrangements, personal hygiene, clothing, food and nutrition, personal
				  possessions, family identity, religious requirements, educational program,
				  recreational and activity programs transitional living services, smoking
				  policy, and prohibition of practices with negative impact on
				  residents.
(1) Protecting the
				Child in Care. An agency shall submit an immediate oral report (within six (6)
				hours), to the division followed by a written report, within five (5) working
				days after the occurrence of an unusual incident, such as the death or serious
				injury of a child, alleged child abuse or neglect, loss of any electricity,
				gas, water, telephone, or any other conditions affecting the health and safety
				of children for a period of longer than twelve (12) hours or requires the
				removal of residents, or any emergency that requires summoning first
				responders.
(A) Protecting the Child in
				Care-Child Abuse or Neglect, or Both.
1. The
				agency shall require each staff person to read and sign a statement defining
				child abuse and neglect and outlining responsibilities to report all child
				abuse and neglect incidents as required by statute.
2. An agency shall have written procedures
				for any alleged incident of child abuse or neglect, or both, which shall
				include:
A. Reporting the alleged incident as
				required by the child abuse/neglect reporting law, sections 210.110-210.165,
				RSMo;
B. Conducting an internal
				investigation of the alleged incident; and
C. Providing a written report to the
				licensing unit of the agency's internal investigation of the alleged
				incident.
D. An internal
				investigation shall include, but not be limited to:
(I) Names of staff and residents
				involved;
(II) Date incident
				occurred;
(III) Date division
				notified;
(IV) A copy of the
				critical incident report including but not limited to: injury of a child during
				physical restraint; serious physical or sexual aggression by or toward the
				child; significant physical injuries requiring medical attention; allegations
				of sexual abuse; criminal conduct involving the child; elopement; attempted
				suicide; fire setting; child death; and information which must be reported to
				the child abuse and neglect hotline pursuant to section
				210.115,
				RSMo;
(V) A summary of
				administrative interviews with staff and residents(s) to determine the
				situation;
(VI) Any action taken to
				protect the child(ren); and
(VII)
				Any immediate corrective action of any licensing violations or agency
				policy.
E. An internal
				investigation should be completed by an objective third party not involved in
				the incident, so as to avoid any potential for conflict of interest.
3. If the safety of the children
				is threatened, as determined by the executive director, no person who is
				alleged as a perpetrator in an incident of child abuse or neglect, or both,
				shall work directly with children until an investigation is complete.
4. If the investigation results in an
				affirmative finding consistent with current statutory standard of proof the
				agency shall submit a written report to the licensing unit, outlining
				corrective action taken by the agency. If the agency fails to take appropriate
				action to prevent future abuse or neglect, or both, the division may deny,
				suspend, or revoke the license.
5.
				The agency shall create and maintain a centralized log of all critical
				incidents.