- (a) The licensing specialist shall conduct inspections to ensure continued compliance with licensing standards.
(b) The licensing specialist:
- (1) Shall investigate complaints of alleged violation of licensing standards against all residential facilities; and
- (2) May participate in investigations of alleged child maltreatment.
(c) The agency shall:
- (1) Cooperate with the Child Welfare Agency Licensing Unit in conducting inspections and investigations; and
- (2) Provide information required to verify compliance with rules.
(d) Inspections and investigations may be:
- (1) Scheduled or unscheduled, at the discretion of the licensing specialist; and
- (2) Conducted outside regular working hours.
(e) The frequency of inspections:
- (1) Shall be at the discretion of the Child Welfare Agency Licensing Unit; and
- (2) May be based on the agency’s compliance history.
(f)
- (1) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to advise the licensing specialist during initial approval or during inspections.
- (2) This team may include a professional in the appropriate field.
(g) Upon finding any violations of licensing standards, the licensing specialist shall issue to the agency a corrective action notice, which shall state:
- (1) A factual description of the conditions that constitute a violation of the standard;
- (2) The specific law or standard violated; and
- (3) A reasonable time frame within which the violation shall be corrected.
- (h) The agency shall provide a written corrective action plan, when requested to do so, by the licensing specialist in a corrective action notice.
(i) Any owner, operator, employee, foster parent, or volunteer in a child welfare agency shall immediately notify the Child Abuse Hotline if they:
- (1) Have reasonable cause to suspect that a child has been subjected to child maltreatment;
- (2) Have reasonable cause to suspect that a child has died as a result of child maltreatment; or
- (3) Observe a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
(j)
- (1) If a complaint of child maltreatment is filed against any owner, operator, employee, foster parent, volunteer, or other person in a child welfare agency, the agency administration shall evaluate the risk to children and determine the suitability of the person or persons to supervise, be left alone with children, have disciplinary control over children, or remain in the child welfare agency until the allegations are determined to be true or unsubstantiated.
- (2) Any interim corrective action measures shall be approved by the Child Welfare Agency Licensing Unit.
- (k) The agency shall maintain a log or file of all calls to the Child Abuse Hotline.
- (l) The agency shall notify the Child Welfare Agency Licensing Unit by the next business day when a report of child maltreatment is accepted by the Child Abuse Hotline against the owner, operator, employee, foster parent, volunteer, child, or other person in a child welfare agency.
- (m) The agency and all staff shall cooperate fully with investigators during a child maltreatment investigation.
- (n) The agency shall take steps to prevent harm or retaliation against the child while an allegation of child maltreatment is being investigated.
(o)
- (1) Any person with a true finding of child maltreatment shall have a review by the owner or administrator of the agency, in consultation with the Child Welfare Agency Review Board or its designee, to determine corrective action.
(2) Corrective action may include without limitation:
- (A) Counseling;
- (B) Training;
- (C) Probationary employment;
- (D) Nonselection for employment; or
- (E) Termination.
(p)
- (1) Any employee who has been sanctioned by any licensing or certifying entity for any reason pertaining to child safety shall be reviewed by the owner or administrator of the agency, in consultation with the board or its designee, to determine corrective action.
(2) Corrective action may include without limitation:
- (A) Counseling;
- (B) Training;
- (C) Probationary employment;
- (D) Nonselection for employment; or
- (E) Termination of employment.
(q) The agency shall:
(1) Notify the Child Welfare Agency Licensing Unit by the next business day of:
- (A) Serious injuries requiring emergency medical treatment;
- (B) Agency vehicle accidents;
- (C) Arrests;
- (D) Elopements;
- (E) Suicide attempts; or
- (F) Deaths; and
- (2) Maintain documentation of the incident and notification.
(r) The agency shall maintain reports on all incidents that cause:
- (1) Injury;
- (2) Property damage; or
- (3) Disruption to routine operation or services.