18 Miss. Code. R. 7-1-III

Current through December 10, 2024

Section 18-7-1-III - PERSONNEL

A.Policies and Practices:

1. The agency shall have written personnel policies and practices conducive to recruitment, retention, and effective performance by qualified personnel. These policies shall reflect the agency's compliance with the civil rights laws, as amended. These policies and practices shall include at least the following:

a. Written job descriptions and titles for each position defining the qualifications, duties, and lines of authority

b. Salary scales

c. Description of employee benefits, including provision for annual leave, sick leave, holidays, and any other special leave

d. Provisions which will encourage professional growth through supervision, orientation, in-service training, and staff development

e. Provisions for on-the-job training by experienced direct care staff to provide support to new staff until these staff members are able to adequately care for the children (See Staff Development and In-Service Training)

f. Procedures for scheduling staff hours and assignments

g. Procedures for annual evaluation of the work and performance of each staff member and for three month evaluations of each new direct care staff member, both of which shall include provisions for employee participation in the evaluation process

h. Description of the termination procedures established for resignation, retirement, or discharge

i. Grievance and discipline policies and procedures for employees

j. Plan for review of the personnel (policies and practices) with staff participation at least annually and when necessary.

2. The agency shall have a personnel file for each employee which shall include at least the following:

a. The application for employment including the record of previous employment

b. Criminal background and Central Registry check (MS Code § 43-15-6 See Appendix P) conducted prior to employment and must be conducted annually. Sex Offender check is also conducted prior to employment and annually.

c. Documentation of satisfactory Criminal Information Center (CIC) check, to include National Criminal Information Database (NCID) within 30 days of employment and every five (5) years thereafter.

d. Four (4) letters of reference, three (3) of which are personal/professional references and one (1) from a current or previous employer

e. All personnel shall have a completed physical within thirty (30) days of employment. TB Test is required initially and annually thereafter.

f. Applicable professional credentials/certifications

g. Initial evaluation of all new direct care staff at three (3) months

h. Annual performance evaluations

i. Documentation of training records and conferences attended

j Personnel, employment, disciplinary or counseling reports

k. Employee's start and termination dates and reason for separation

l. Current driver's license and proof of insurance for all drivers operating agency or private vehicles in transporting children

m. Cardio Pulmonary Resuscitation (CPR) training and First Aid training documentation prior to service delivery. Every staff person must receive the CPR training annually.

n. Signed documentation stating that each employee has read and understands the child abuse reporting law.

o. Salary pay rate and time sheets for each worker.

p. Acknowledgement of training on agency policies and procedures.

3. The agency shall have procedures that safeguard the confidentiality of the personnel, financial and child records.

4. The agency shall maintain the personnel file of an employee who leaves the facility for a minimum period of three (3) years.

B.Staff Functions and Qualifications:

1. Medical Requirements:

The facility shall require that any employee having contact with children in care present a medical statement from a physician prior to employment verifying that he/she suffers from no communicable disease, specific illness or disability, which would interfere with the person's ability to work with or care for children. The physician's statement shall be based on an examination performed not more than three (3) months prior to employment. The medical examination shall be updated every three (3) years. A Tuberculosis (TB) screen shall be completed annually. A record of such examination or physician's statement must include the physician's signature and date, address, phone number and shall be on file in the facility as a separate confidential medical record. All medical examinations and tuberculosis screens/tests shall be done at a licensed certified physician's office or Health Department.

2. The agency shall not employ or permit to volunteer an applicant who has been convicted of a sex offense, a violent crime, a crime against a child or has been adjudicated physically or mentally incompetent. (MS Codes § 43-15-303, § 43-15-305, and § 43-15-307 See Appendix)

3. Staffing

Professional Qualifications and Job Functions:

a. All professional staff employed by the agency shall be qualified in their occupational field or licensed in their professional field.

b. The agency shall employ sufficient staff to provide the fiscal, clerical, food service, housekeeping, and maintenance functions.

c. The agency shall employ staff to perform administrative, supervisory, services, and care functions. These persons shall have the following qualifications, responsibilities, and comparable titles.

All positions must be verified by the Department:

1. The Executive Director shall be responsible for the general management and administration of the facility or agency in accordance with the policies of the governing body and shall be qualified by training and experience as agreed upon by the governing body. The Executive Director shall be a full-time employee working a minimum of forty (40) hours per week. The Executive Director shall have at least a master's degree in social work, administration, psychology or related area of study from an accredited school and at least two years experience in the management or supervision of child care personnel and program or a bachelor level licensed social worker or licensed counselor with four years experience in the management or supervision of child care personnel and programs. Any Executive Director or Administrator who does not meet this requirement prior to the effective date of these standards (July 01, 2012) is permitted to remain in the position.

2. The Program Director shall be responsible for the onsite, day-to-day development, implementation, and supervision of the programs and services of the facility, and be on-site at least forty (40) hours per week or participating in planned activities with children off-site. The Program Director shall have a master's degree in social work or a related area of study from an accredited school and at least two years experience as a case manager, management, and supervisor of a child care program. The Program Director shall be responsible for supervising, evaluating, training and monitoring the functions of all staff.

3. The Social Worker shall be responsible for performing intake services, providing casework or group work services for children and their families (if applicable), conducting counseling/therapy sessions with children, making sure youth have transportation to and participate in independent living skills groups, seeking placements and assessment studies related to family foster homes and adoption, planning and coordinating the services and resources affecting children and their families. The Social Worker shall be a Licensed Master's Social Worker, or have either a master's degree in social work or a related area of study comparable with the human services field or be a Licensed Social Worker with a bachelor's degree in social work or a comparable human services field with two years experience working directly with children. This staff person must work a minimum of forty (40) hours a week.

4. The Case Manager shall perform casework and group work tasks for children and their families (if applicable), making sure youth have transportation to and participate in independent living skills groups, and plan and coordinate services and resources affecting the children and their families. The Case Manager shall have a bachelor's degree in social work or comparable human services field from an accredited school and at least two years related experience. The Case Manager must be a full time employee working a minimum of forty (40) hours a week.

5. The Direct Care Supervisor shall be responsible for supervising, evaluating, and monitoring the daily work and progress of the direct care staff; shall have an associate of arts degree in child care or related area of study from an accredited school with at least two years experience in a facility; or a high school or equivalency diploma and at least three years experience in a facility. This applies to persons in charge of small residential group care facilities under the direction of an executive director.

6. The Direct Care Staff shall be responsible for the daily direct care, nurturing and supervision of the children. Direct Care Staff shall be at least twenty-one (21) years of age and shall have a high school or equivalency diploma and one (1) year experience in the caring of children.

7. All Professional Staff employed by the facility or agency that will provide counseling/therapy for the children shall have the licensing/certification requirements of their professional discipline, such as Mississippi State Board of Examiners for Social Workers for Marriage and Family Therapists, the Mississippi State Board of Examiners for Licensed Professional Counselors, and Mississippi State Board of examiners for Psychology.

C.Staffing Requirements:

1. The agency shall have adequate staff coverage at all times to provide for the services identified in the statement of purpose.

2. The agency shall follow the written staff/child ratio formula. The formula shall be appropriate for the agency's purpose, the type, ages, and functioning levels of the children in care. The staff/child ratio shall assure the children's safety, protection and privacy, as well as physical, hygienic, emotional and developmental needs. The facility shall count any children living with staff families in the staff/child ratio.

The following staff/child ratios shall be maintained:

a. The agency shall have at least two (2) staff members on duty at all times when children are present and awake.

b. All therapeutic environments shall have one (1) direct care staff to five (5) children at all times. When two staff are on duty during sleeping hours, one staff shall remain awake at all times.

c. For all non-therapeutic environments, there shall be one (1) direct care staff to six (6) children when children are present and awake; and one (1) direct care staff to ten (10) children when children are asleep. At least one (1) staff must remain awake at all times.

3. The agency shall have at least one (1) social worker or comparable professional for every twelve (12) children that are in care (i.e. one (1) social worker for one (1) to twelve (12) children; two (2) social workers for thirteen (13) to twenty-four (24) children. This staff must work full time [full time is forty (40) hours per week].

4. The agency shall have at least one direct care staff member on duty in each living unit when children are present while maintaining the appropriate staff/child ratio.

5. The agency shall designate a staff member on the premises to be in charge at all times.

6. The agency shall provide on-call emergency staff when only one staff member is on duty.

7. The agency shall provide face-to-face supervision to all staff members in carrying out their work with children and documentation of same. This shall include at least one formal conference with an agency supervisor per month.

8. Every child care staff worker who directly supervises children shall be off two (2) days per week, with a minimum of twenty-four (24) consecutive hours during which they are not working in a child care worker capacity. The maximum regularly scheduled work hours per week shall be fifty (50) hours.

9. The facility should not be used as a permanent residence for live-in child care workers or other staff members working at the facility. Staff must leave the facility when they are not working in a child care worker capacity, unless separate living quarters are provided with bedroom, bath and kitchen.

D.Volunteers:

1. An agency which utilizes volunteers who work directly with children on a regular basis shall:

a. Complete an application

b. Develop a description of duties and specify responsibilities for volunteer positions

c. Require four (4) personal references,

d. Designate a staff member to supervise and evaluate volunteers

e. Develop a plan for the orientation and training of volunteers on the philosophy of the agency and the needs of the children in care.

2. Volunteers shall not be expected to assume the total responsibilities of any paid staff member.

3. A record shall be kept of hours worked and activities of all volunteers.

4. Volunteers who work directly with children shall be screened in the same manner as staff (criminal background check; Central Registry check; fingerprinting). See Section III. Personnel: Policies and Practices

5. The agency shall not employ or permit to volunteer an applicant who has been convicted of a sex offense, a violent crime, a crime against a child or has been adjudicated physically or mentally incompetent or have other felony convictions. ( See Appendix)

E.Student Field Placement/Internships:

1. An agency which accepts students for field placements shall:

a. Develop a written plan describing their tasks and functions. Copies of the plan shall be provided to each student and his/her school.

b. Student field placement individuals or interns who work directly with children shall be screened in the same manner as staff (criminal background check; Central Registry check; and fingerprinting). See Section III. Personnel: Policies and Practices

c. Designate a staff member to supervise and evaluate them

d. Develop a plan for the orientation and training of student interns on the philosophy of the agency and the needs of the children in care

e. Provide an opportunity for students to participate in developing and carrying out the service plans for the children and families they are working with directly.

2. Students shall not be expected to assume the total responsibilities of any paid staff.

3. An agency shall require four (4) professional references, including one (1) from a previous or current employer if applicable.

F.Staff Development and In-Service Training:

Agencies must provide new staff orientation that thoroughly acquaints new employees with agency policies and procedures. This process must be under the direction of qualified staff and appropriate to the position being assumed by the new employee.

Training must consist of a minimum of forty (40) hours of pre-service training and twelve (12) hours of annual training for all staff members. Pre-service training must be completed prior to staff assuming unsupervised work duties and must be documented in the employee file. Attendance at conferences and workshops appropriate to the position may be included as part of the twelve (12) hours minimum requirement for annual training.

1. Pre-Service Training shall be provided in the following areas:

A. Administrative procedures and overall program goals, to include specific responsibilities of assigned job duties, etc.

B. Residents rights and responsibilities (annually)

C. Prevention and treatment of substance abuse

D. Effective means of discipline, to include crisis management, de-escalation and the management of aggressive behavior (annually)

E. Permanency Planning

F. Recognizing and reporting suspected abuse (annually)

G. Principles and practice of supervision

H. Emergency and safety procedures (annually)

I. The supervision and use of volunteers serving the facility

J. Cultural diversity/sensitivity (annually)

K. Effective management of medication; including psychotropic drugs, dosages and side effects (annually)

L. Separation and Loss. Issues of children in custody and the impact on family relationships

M. CPR/First Aid Training (annually)

N. Universal precautions for prevention of infectious diseases (annually)

O. Confidentiality (annually)

P. Reporting serious incidents (annually)

2. Additional annual in-service training topics may include but are not limited to:

A. Child safety issues

B. Significance of birth family relationships

C. Effects of multiple placements

D. The impact of the media on children

E. Working with people with disabilities

F. Child development

G. Dynamics of child sexual abuse

H. Working effectively with custodial agencies

I. Effective treatment planning

J. Suicide prevention

K. Identifying risk behaviors and managing runaways

L. Metal Health Diagnoses and Treatment: Post Traumatic Stress Disorder, Intermittent Explosive Disorder and Reactive Attachment Disorder

3. All therapeutic agencies shall adhere to the training hour requirements and topics as required by the Mississippi Department of Mental Health for pre-service and in-service training in addition to those required by MDHS.

G.Child Abuse and Neglect:

1. The agency shall have and follow written procedures and Mississippi law for handling any suspected incidents of child abuse or neglect involving staff or residents. The procedures shall include:

a. A provision for immediately reporting any suspected incident to the executive director or administrator in charge. If the incident is life threatening or there is immediate risk of harm the incident should first be reported to the appropriate authorities or emergency personnel.

b. A provision for the executive director or administrator in charge to immediately report the incident to the Department as soon as possible, but no later than twenty-four (24) hours of occurrence. Report child abuse and neglect to Mississippi Centralized Intake 1-800-222-8000 or www.msabusehotline.mdhs.ms.gov.

c. An action plan that provides immediate protection during the investigation

d. Provisions for preventing a recurrence of the alleged incident pending investigation

e. A provision for conducting an in-house investigation of the incident after the Department has completed its investigation

f. A procedure for evaluating the continued utilization of any staff member determined to be involved in an incident of child abuse or neglect.

2. The agency shall require each staff member to read and sign a statement that he/she has read and understands procedures for handling suspected incidents of child abuse or neglect. The statement must outline the State child abuse and neglect law and outline the staff member's responsibility to report all suspected incidents of child abuse and neglect according to the law. Employee statement shall be filed in employee's personnel file.

H.Maltreatment and Corporal Punishment of Children in Custody:

1. Maltreatment, including the use of degrading or corporal punishment, by a child placing agency or residential child caring agency on foster children is strictly forbidden by the Department. If any Department staff or providers suspect that a child in custody is being maltreated or that corporal or degrading punishment is being used at the agency or Resource Home, a formal report must be made. Examples of degrading punishment include: harsh and humiliating punishment, (including physical or emotional abuse) or verbal abuse of a child and derogatory remarks about a child and/or his family.

18 Miss. Code. R. 7-1-III