TRAINING OVERVIEW This guidance is intended to assist providers to comply with the DBHDS Human Rights regulations. However, providers are still required to establish policies and procedures for the conduct of abuse and neglect investigations in their agencies. Those policies and procedures will define the approaches the organization will take to protect the rights of individuals served. This manual is organized to follow the flow of the investigation process, as shown below. Any employee, volunteer, consultant, or student who knows of or has reason to believe that an individual may have been abused, neglected or exploited at any location covered by these regulations, shall immediately reports this information directly to the director. Definitions, Responsibilities and Reporting Requirements As licensed providers, we are required to by regulations that govern our services. As Department of Behavioral Health and Developmental Services (DBHDS) licensed providers, we are required to follow the Human Rights regulations 12 VAC 35-115 et seq. Through this manual and training, it is the hope that providers will be clearer in their responsibilities and have resources available to them to be more consistent in their investigations. 12 VAC 35-115-10 Authority Section 37.2-400 of the Code of Virginia requires the State DBHDS Board to promulgate these regulations to further define and to protect the rights of individuals receiving services from providers of mental health, intellectual disabilities and substance use disorders in the Commonwealth of Virginia. Responsibilities: 12 VAC 35-115-10 Applicability Facilities operated by DBHDS Sexually violent predator programs (Code § 37.2-909)
Unrelated events at the same approximate time or locations: Fred alleged that employee Mike Dott hit him yesterday during showers for not cleaning his room and that employee Julie Williams cursed at Bob Johnson for being slow. Examples of unrelated events not at the same approximate time or location: Fred alleged that employee Mike Smith hit him yesterday during showers and that employee Julie Williams cursed at him this morning during breakfast. REPORTING REQUIREMENTS Department of Social Services: DBHDS licensed providers are MANDATED REPORTERS. This means that reporting to the Department of Social Services is required for all individuals that work in the healthcare field. Reporting can be done in one of two ways: Child Protective Services-children under 18 yrs of age Adult Protective Services-aged (over 60) or incapacitated (impaired by reason of mental illness, mental retardation, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out responsible decisions concerning his/her well being) If there is reason to suspect abuse/neglect, it shall be reported within 24 hours. If an employer has an internal reporting procedure, a mandated reporter may meet the reporting requirements by reporting internally. Employers or their designee remains responsible for complying with the 24 hour reporting requirements. Failure to report may result in fines: $500 for first offense or $100 to $1,000 for subsequent offenses. DBHDS: The Human Rights Regulations; 12VAC35-115-230 outline provider requirements for reporting to the department. Abuse/neglect: Providers shall collect, maintain and report the following information concerning abuse, neglect, and exploitation: The director of a facility operated by the Department report allegations of abuse and neglect in accordance with all applicable operating instructions issued by the Commissioner or her designee. The director of a service licensed or funded by the Department shall report each allegation of abuse or neglect to the assigned human rights advocate within 24 hours from the receipt of the allegation (see 12VAC35-115-50). Death and Serious Injuries: The director of a facility operated by the Department shall report to the Department