D.C. Mun. Regs. tit. 29, r. 29-322

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-322 - REPORTING UNUSUAL INCIDENTS

322.1

Each Facility shall immediately report, to the Director, to the Department of Human Services for those providers that participate in the Child Care Subsidy Program, and to the parent(s)/guardian(s) of each affected child, any unusual incident that may adversely affect the health, safety or well-being of any child or children in the Facility. Unusual incidents include, but are not limited to, the following:

(a) Death of a person occurring within 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 well-being of the children and adults in the Facility;

(d) The presence of any individual in the Facility who has, or is suspected of having, a communicable disease that must be reported to the District of Columbia Department of Health in accordance with Title 22 of the District of Columbia Municipal Regulations;

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

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

(g) Any other occurrence at the Facility that involves a response by police, fire, ambulance, or any other emergency service.

322.2

The Facility shall also submit to the Director, on a form approved by him or her, and to the Department of Human Services for those providers that participate in the Child Care Subsidy Program, a written report of the unusual incident, within twenty-four (24) hours of the incident.

322.3

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

322.4

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, via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline (202-671- SAFE); or

(b) The Metropolitan Police Department.

322.5

The Facility staff member making an oral report pursuant to subsection 3224 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.

322.6

In the reports required by subsections 322.4 and 322.5, the staff member shall include:

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

(b) 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;

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

(f) The nature and extent of the abuse or neglect, and of any previous abuse or neglect, as known to the reporting staff member;

(g) Any other information which may be helpful in establishing the cause of the abuse or neglect and/or in establishing 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.

322.7

Each Facility shall:

(a) Provide training to all staff regarding the Facility's policies and procedures relating to child abuse, neglect, and risk to a child's health or safety, including how to report suspected abuse, neglect, or risk to a child's health or safety;

(b) Require staff to immediately report, and to cooperate with officials investigating, alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety;

(c) If any Facility staff member is identified as allegedly responsible for the alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety, place that staff member on administrative leave or reassignment to duties involving no contact with children until the investigation conducted by authorized government officials is complete; and

(d) Ensure that staff may report incidents involving alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health or safety, without threat of discharge or other retaliation.

D.C. Mun. Regs. tit. 29, r. 29-322

Regulation No. 74-34 published at 21 DCR 1333 (December 27, 1974); as amended by Final Rulemaking published at 54 DCR 3793 (April 27, 2007)