S.D. Admin. R. 46:17:06:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:17:06:10 - Policy on abuse, neglect, exploitation, or injury of unknown source

The ICF/IID shall have a policy approved by the division that prohibits abuse, neglect, or exploitation of a person supported. The policy must contain the following:

(1) A definition of abuse, neglect, and exploitation pursuant to SDCL 22-46-1;

(2) A requirement to report to the division pursuant to § 46:17:06:12;

(3) A requirement to report any abuse, neglect, exploitation, or injury of unknown source immediately to the administrator;

(4) A requirement to report to the Department of Social Services pursuant to SDCL 26-8A-3 to 26-8A-8, inclusive;

(5) A procedure for disciplinary action to be taken if staff has engaged in abuse, neglect, or exploitation of any person supported;

(6) A procedure to inform the guardian, if any, or the parent if the person supported is under 18 years of age, and any advocate, of any allegations of abuse, neglect, or exploitation and any information not otherwise prohibited by law about the action taken within 24 hours after the alleged incident unless the guardian, parent, or advocate is accused of the alleged incident;

(7) A procedure to document the actions to be implemented to reduce the likelihood of or prevent repeated incidents or abuse, neglect, or exploitation if the allegations are substantiated;

(8) A procedure to inform the person supported, or the parent if the person is under 18 years of age, and the guardian or advocate, if any, in writing or in an accessible format, of the rights of the person as outlined in § 46:17:06:08 upon admission and annually thereafter; and

(9) A procedure for training the person on self reporting of any abuse, neglect, or exploitation by another.

S.D. Admin. R. 46:17:06:10

37 SDR 69, effective 10/18/2010; 40 SDR 122, effective 1/8/2014.

General Authority: SDCL 27B-2-26(2)(3)(4).

Law Implemented: SDCL 26-8A-3, 27B-2-26(2)(3)(4), 42 C.F.R. § 483.420 (October 1, 2002).