West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-16 - Critical Incidents and Crisis Management

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Abuse and
				Neglect.
16.1.1. The organization shall have
				a procedure regarding identification and reporting of instances of alleged
				abuse or neglect of children in its care that shall be in compliance with W.
				Va. Code §
										49-2-801
et
				seq.
16.1.2. Definitions
				of abuse and neglect and procedures regarding reporting of abuse and neglect
				shall be consistent with those established by state law.
16.1.3. The employees, volunteers and
				management of any organization are considered to be mandatory reporters by
				State Law and are required to report any and all allegations of abuse and
				neglect to the appropriate state authorities as required in W. Va. Code §
										49-2-801 (Part VIII). All
				allegations of abuse and neglect shall be immediately reported to the
				Institutional Investigative Unit of the Department via a telephone call to the
				Child Abuse Hotline. Within 48 hours of the incident, the organization shall
				prepare a written incident report that shall be available to the Institutional
				Investigative Unit upon request. The Institutional Investigative Unit will
				inform the organization if an investigation of the incident shall be conducted.
				If the Institutional Investigative Unit indicates that there shall be no
				Institutional Investigative Unit investigation the allegation shall be
				downgraded to a critical incident and the organization shall proceed with a
				full investigation.
16.1.3.a. The
				organization shall limit internal assessment of an incident to ensuring the
				safety of the children in placement without compromising the Department's
				subsequent investigation.
16.1.4. All incidents that have harmed or may
				have represented potential harm to a child or children shall result in the
				completion of an incident form. Incidents suspected of being subject to
				mandatory reporting requirements as defined by W. Va. Code §
										49-2-801,
et seq
.
				shall be reported to the Institutional Investigative Unit according to
				organization policy and procedures. This shall include medication errors with
				negative outcome for the child and any injuries occurring in the course of a
				restraint.
16.1.5. The organization
				shall cooperate fully in an investigation of any incident and shall provide all
				information requested by the Department.
16.1.6. Any investigations completed by the
				organization shall be maintained and made available to the state regulatory
				agency.
16.1.7. In all cases, the
				organization shall take the actions necessary to protect the child from further
				harm until an investigation is completed. An incident involving the alleged
				sexual abuse or physical abuse causing a serious physical injury to a child by
				an employee of the organization requires that the employee be removed from
				direct service work with children until the investigation is completed.
				Otherwise, the organization shall have a procedure in place for management of
				employees alleged to have abused or neglected a child that may include any or
				all of the following:
16.1.7.a. Removal from
				duty pending investigation;
16.1.7.b. Increased supervision to ensure
				child safety;
16.1.7.c. Transfer to
				a substantially different area of the organization with different children
				(higher developmental functioning, different sex, etc.);
16.1.7.d. Transfer to a different more
				closely supervised shift;
16.1.7.e.
				Transfer to different job responsibilities that does not include contact with
				children; and
16.1.7.f. Other
				appropriate actions as indicated by the circumstances.