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Rule: 37.98.319 Prev     Up     Next    
Rule Title: CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: OUTDOOR BEHAVIORAL PROGRAM
Subchapter: Administrative Provisions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.98.319    CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS

(1) Each program staff member and employee shall read and sign a statement clearly defining child abuse and neglect and explaining the staff member's responsibility to report all known or suspected incidents of child abuse or neglect.

(2) Any program staff member or employee who knows or has reasonable cause to suspect that an incident of child abuse or neglect has occurred shall report within 24 hours the known or suspected incident to the program administrator, or a person designated by the program administrator, and to the state child abuse hotline (1 (866) 820-5437) as required by 41-3-201 , MCA. The program must fully cooperate with any investigation conducted as a result of the report.

(3) Each program shall have written procedures for handling any suspected incident of child abuse or neglect including:

(a) a procedure for ensuring that the staff member involved does not continue to provide direct care until an investigation is completed; and

(b) a procedure for taking appropriate disciplinary measures against any staff member involved in an incident of child abuse or neglect, including, but not limited to:

(i) termination of employment;

(ii) retraining of the staff member; or

(iii) any other appropriate action by the program geared towards the prevention of future incidents of child abuse or neglect.

(4) Any serious incident involving a youth must be reported within the next working day to the person or agency which placed the youth and to the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.

(5) The report must be in writing, and must include:

(a) the date and time of the incident;

(b) the youth and any staff member(s) involved;

(c) the nature of the incident; and

(d) a description of the incident and the circumstances surrounding it.

(6) A copy of the report must be maintained at the program.

History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.


 

 
MAR Notices Effective From Effective To History Notes
8/6/2004 Current History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.
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