Md. Code Regs. 10.01.18.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.01.18.06 - Reporting Requirements for State Facilities

A. This regulation applies to State facilities.

B. For purposes of this regulation, "discovery" means staff observes, receives a complaint from an individual or other source, or otherwise has reason to believe that inappropriate sexual behavior has occurred.

C. A State facility shall comply with the reporting requirements of:

(1) COMAR 07.02.16.04;

(2) COMAR 07.02.07.04;

(3) This chapter; and

(4) Any other applicable law or regulation requiring the reporting of inappropriate sexual behavior.

D. Policies and Training.

(1) The facility shall adopt and enforce written policies and procedures for the reporting and investigation of inappropriate sexual behavior in accordance with the requirements set forth in this regulation and Regulation .03 of this chapter.

(2) The facility shall provide training to staff members, upon hire and annually thereafter, regarding facility policies and procedures governing the prevention, reporting, and investigation of allegations of inappropriate sexual behavior in accordance with this regulation and Regulation .04 of this chapter, including:

(a) Understanding the provisions of the memorandum of understanding;

(b) Transporting individuals for medical care or to a SAFE exam, including how to support the individual during transportation and actions that may be taken to avoid the use of restraint;

(c) Preservation of evidence; and

(d) Counseling alleged victims, including regarding emergency contraception, prophylaxes for HIV or other sexually transmitted infections, and follow-up medical care or appointments.

E. Reporting and Investigation of Inappropriate Sexual Behavior.

(1) Facility staff members shall notify the administrative head of the facility, or the designee, of an allegation of inappropriate sexual behavior, immediately, but no later than 24 hours, from staff's discovery of the allegation.

(2) The notification required in §E(1) of this regulation shall be made on the form or in the manner designated by the Department.

(3) Upon receipt of the notification in §E(1) of this regulation, the administrative head of the facility, or their designee, shall, within 24 hours of staff's discovery of the allegation, provide written notice of the allegation to the:

(a) Office of Health Care Quality;

(b) Central coordinator;

(c) State-designated protection and advocacy agency;

(d) Treatment teams of the individuals involved in the allegation; and

(e) Appropriate law enforcement agency as set forth in §F of this regulation.

(4) If the administrative head of the facility or the central coordinator has a conflict of interest in receiving the notification, facility staff members shall report the incident to another individual designated by the facility in the event of such conflict of interest.

F. Notification to Law Enforcement.

(1) The facility shall notify the appropriate external law enforcement agency, within 24 hours of discovery by the facility, of:

(a) An allegation of sexual assault occurring on the facility premises or at any off-premises activity sponsored by the facility between individuals served by the facility or an individual served by the facility and another individual; or

(b) An allegation of inappropriate sexual behavior between a staff member and an individual served by the State facility, regardless of the location of the incident.

(2) Except as provided in §F(1)(b) of this regulation, allegations of inappropriate sexual behavior that are not criminal shall be reported to the Department's police force for further investigation.

(3) The Department's police force shall refer the allegations to the administrative head of the facility for further investigation as appropriate.

(4) An individual shall be permitted to report an allegation of inappropriate sexual behavior that is not criminal to an external law enforcement agency or complete a statement of charges with the District Court commissioner.

(5) The Department police force may not investigate a report of inappropriate sexual behavior made to an external law enforcement agency in accordance with §F(1) of this regulation unless the external law enforcement agency declines to investigate the report or requests the assistance of the Department police force.

(6) Upon the receipt of the notification made under §E of this regulation, the treatment team or teams of the alleged victim and alleged perpetrator, if applicable, shall:

(a) Review and, if appropriate, update the risk assessment screens and protection plans of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(b) Review and, if appropriate, revise the plans of care of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(c) Notify the central coordinator of the results of the treatment team's review and assessment under this subsection;

(d) Take other appropriate action to ensure:

(i) The safety, privacy, and emotional support of the individual or individuals involved; and

(ii) That any medically appropriate and necessary care is provided to the individual or individuals involved; and

(e) Document the reported allegations and the results of any investigation of the allegations in the record of the individuals involved.

(7) The facility and Department police shall investigate allegations of inappropriate sexual behavior in accordance with the following requirements:

(a) A facility staff member or Department police officer may not participate in, or conduct, an investigation of an allegation of inappropriate sexual behavior if that staff member or officer, or the staff member's immediate family member, was involved in the incident or incidents underlying the allegation; and

(b) The facility shall comply with applicable laws and regulations governing the confidentiality of an individual's information.

(8) Promptly after completing an investigation of a report of inappropriate sexual behavior, the facility shall report the results of the facility's investigation to the:

(a) Appropriate unit of the Department as required by applicable statutes or regulations;

(b) Office of Health Care Quality; and

(c) State's designated protection and advocacy agency.

G. Regional Institutes for Children and Adolescents.

(1) Allegations of inappropriate sexual behavior on the premises of a regional institute for children and adolescents that are not criminal shall be referred to the administrative head of the regional institute for children and adolescents for further investigation.

(2) Allegations of sexual assault and inappropriate sexual behavior between an individual and a staff member shall be reported under §F(1) of this regulation.

(3) The regional institute for children and adolescents shall report allegations of inappropriate sexual behavior to Child Protective Services pursuant to COMAR 07.02.07.

H. Annual Report.

(1) The central coordinator shall report annually to the Deputy Secretary for the unit within the Department which oversees the operations of each State facility on the following:

(a) Development of polices and materials to implement the requirements of this regulation and Regulation .07 of this chapter;

(b) Suggested revisions to the uniform assessment and reporting forms required in this regulation and Regulation .07 of this chapter;

(c) Compliance with the assessment and reporting requirements of this regulation and Regulation .07 of this chapter;

(d) Compliance with the training requirements of this regulation and Regulation .07 of this chapter;

(e) Identification of barriers to compliance with the requirements of this regulation and Regulation .07 of this chapter; and

(f) Recommendations to improve prevention, detection, and response by State facilities to inappropriate sexual behavior.

(2) A copy of the report shall be provided to the State designated protection and advocacy agency.

Md. Code Regs. 10.01.18.06

Regulation .06 adopted effective 42:23 Md. R. 1433, eff.11/23/2015; amended and recodified to .08 effective 48:26 Md. R.1110, eff. 12/27/2021