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37.97.130    YOUTH CARE FACILITY: REPORTS

(1) The provider shall agree to submit to the department, upon its request, any reports required by federal or state law or regulation.

(2) The YCF (except youth foster homes) shall report any of the following changes to the department prior to the effective date of the change:

(a) a change of administrator;

(b) a change in location;

(c) a change in the name of the agency, program or facility; or

(d) a significant change in the organization, administration, purposes, programs, or services.

(3) Youth foster homes shall report a change of residence to the department prior to moving and the department shall evaluate the new residence within 30 days of receiving the report.

(4) As required by 41-3-201 , MCA, the provider or staff member shall report within 24 hours any incidents of known or suspected child abuse or neglect to the local county welfare office or the state child abuse hot line 1 (800) 332-6100.

(a) If no action is taken on the referral, or if the above resources are not available at the time, reports shall be made to the department of public health and human services district or state office.

(b) Each child care agency shall require each staff member of the agency to read and sign a statement which clearly defines child abuse and neglect and outlines the staff member's responsibility to report all incidents of child abuse or neglect according to state law to the department or its local affiliate and to the chief administrator of the agency or a person designated by the administrator.

(c) Each child care agency shall report any suspected or alleged incident of child abuse or neglect to the department and cooperate fully in the investigation of any incident.

(d) Each child care agency shall have written procedures for handling any suspected incident of child abuse including:

(i) a procedure for ensuring that the staff member involved does not work directly with the child involved until the investigation is completed;

(ii) a procedure for conducting in-house investigation of the incident;

(iii) a procedure for disciplining any staff member involved in an incident of child abuse; and

(iv) a procedure for notification of the county welfare department.

(5) Any serious incident involving a child shall be reported within the next working day to the person or agency which placed the child and to the licensing worker.

(a) A "serious incident" means suicide attempts, excessive physical force by staff, sexual assault by residents or staff, injury to a child which requires hospitalization, or the death of a child.

(b) The YCF shall complete a written incident report concerning any serious incident involving a child. The report shall include the date and time of the incident, the child involved, the nature of the incident, description of the incident and the circumstances surrounding it. A copy of the report shall be filed at the YCF and a copy shall be sent to the licensing worker.

(6) Runaways shall be reported immediately to the police and within the next working day to the agency or person who placed the child.

(7) Disasters or emergencies which require closure of a residence unit shall be reported to the licensing worker within the next working day.

(8) The current YCF license shall be publicly displayed at the YCF.

History: Sec. 41-3-503, 41-3-1103, 41-3-1142 and 53-4-111, MCA; IMP, Sec. 41-3-503, 41-3-1142, 53-2-201 and 53-4-113, MCA; NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1983 MAR p. 1746, Eff. 11/26/83; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 663.

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