D.C. Mun. Regs. tit. 5, r. 5-A111

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

Rule 5-A111 - MONITORING AND INSPECTIONS

111.1

OSSE, and any other duly authorized official of OSSE or another agency of the District of Columbia having jurisdiction over or responsibilities for a Child Development Facility ("Facility"), after presenting official credentials or identification or authority issued by the District of Columbia, shall have the right, either with or without prior notice, to enter upon and into the premises of any Facility licensed, required to be licensed or that has applied for licensure, to facilitate verification of information submitted by a Facility and to determine compliance with the Facilities Act or other applicable Federal and District of Columbia laws and regulations.

111.2

An authorized entrant shall conduct an inspection in a manner that minimizes disruption to a Facility.

111.3

The right of entry and inspection shall also extend to any premise that OSSE reasonably believes is being operated or maintained as a Facility without a valid license provided that entry or inspection shall be made with the permission of the individual in charge of the premises or with a warrant obtained from the D.C. Superior Court, pursuant to D.C. Official Code § 11-941, or an appropriate court of competent jurisdiction, authorizing the entry or inspection for the purpose of determining compliance with this chapter.

111.4

OSSE is authorized to issue a subpoena to inspect and investigate a Facility in order to determine compliance with the provisions of this chapter, that may be enforced in accordance with the terms of D.C. Official Code § 7 -2036(b).

111.5

OSSE, and other authorized District of Columbia officials, shall have access to all records of the Facility, including but not limited to:

(a) Child, staff, and administrative records;

(b) Financial, tax, and inspection records;

(c) Surveillance footage from a Facility's recording devices;

(d) Policies and procedures; and

(e) Any other information or documentation necessary to determine the Facility's compliance with applicable Federal and District of Columbia laws and regulations.

111.6

Each Licensee shall receive, at minimum, one (1) annual announced and one (1) annual unannounced inspection to:

(a) Facilitate verification of information submitted by the Licensee;

(b) Determine compliance with the Facilities Act, or other applicable Federal and District of Columbia laws and regulations; and

(c) Verify compliance with waiver terms, if applicable.

111.7

Annual required documents shall be updated and available for review during annual inspections.

111.8

Upon its own initiative, or upon receipt of information alleging violation(s) of any law or regulation under its jurisdiction, OSSE may conduct announced or unannounced on-site investigations or desk audits.

111.9

OSSE shall maintain and make available to the public by electronic means, a list of all of the Facilities licensed that includes the following information for each licensed Facility:

(a) Dates of monitoring and inspection;

(b) Results of monitoring and inspection reports;

(c) Any corrective action taken;

(d) Substantiated complaints about failure to comply with the provisions of this chapter or such amendment, and all applicable federal and local laws and regulations; and

(e) The number of deaths, serious injuries, and instances of substantiated child abuse that occurred in each Facility.

D.C. Mun. Regs. tit. 5, r. 5-A111

Final Rulemaking published at 63 DCR 14640 (12/2/2016)