18 Miss. Code. R. 6-1-A-I-XVII

Current through August 31, 2024
Section 18-6-1-A-I-XVII - RISK PREVENTION AND MANAGEMENT
A.Risk Management

Risk Management is a systematic process of evaluating and reducing potential risks that may befall personnel, clients, an organization, or a facility. Risk management activities are directed toward reducing an organization's legal and financial exposure, especially to lawsuits.

Individuals responsible for risk prevention and management functions shall be qualified by knowledge and experience to assess and manage risks, which include the Executive Director of MDHS, Deputy Executive Director of MDHS, and Internal Control Coordinator for MDHS.

DFCS shall be adequately insured under the umbrella of MDHS. The MDHS shall annually assess insurance needs, and obtain coverage that is commensurate with the scope and complexity of its services:

a. general liability;
b. Workers' compensation;
c. disability;
d. fire and theft;
e. medical;
f. indemnification
g. professional liability
h. officers' and directors' liability
i. automobile liability;
j. property and casualty;
k. malpractice; and
l. bonding or other forms of employee theft insurance, as appropriate, for all staff who sign checks, handle cash or contributions, or manage funds

DFCS provides, and assumes the cost of, legal assistance to personnel against whom claims are made related to lawful, authorized actions taken within the course and scope of their duties through the Attorney General's Office, Civil Litigation, depending on the act and through the Mississippi Tort Claims Board.

B.Monitoring and Evaluating Risk Prevention and Management at the State Office

MDHS Management shall conduct an internal assessment of overall risk at least annually, which includes:

a. compliance with legal requirements, including licensing and mandatory reporting laws, and fiscal accountability;
b. insurance and liability;
c. health and safety, including use of facilities;
d. contracting practices and compliance;
e. staff training regarding areas of risk;
f. volunteer roles and oversight;
g. research involving program participants and other clients' rights issues;
h. security of information, including client confidentiality;
i. financial risk;
j. fundraising;
k. conflicts of interest;
l. employment practices; and
m. inter-agency collaborations.

Risks shall be identified and brought to the attention of management through a weekly meeting of the MDHS Executive Director and Division Directors. Each Division Director is responsible for complying with any changes in legal or regulatory requirements.

The Legislative liaisons, the MDHS Executive Director, as well as persons designated by the Executive Director, shall attend legislative sessions and committee meetings to track Legislative bills which become law. Each Division Director is responsible for state and federal reporting requirements for their Division and such reports shall be reviewed by the MDHS Executive Director.

a. The office of the Executive Director of MDHS shall ensure compliance with legal requirements, including licensing and mandatory reporting laws and fiscal accountability.

* Risks regarding fiscal accountability shall be assessed through the Office of Budgets and Accounting and Program Integrity.

b. Insurance and liability risks shall be assessed through the Division of Human Resources. Insurance is renewable annually and reviewed for adequacy prior to such renewal. MDHS is a Lessee of the property at 750 North State Street, Jackson, Mississippi. The Lessor is responsible for liability insurance.
c. Health and safety, including use of facilities, shall be managed through the Division of Human Resources as indicated below.

* The building shall be inspected once a month for hazards, health and safety issues. Reports of hazards go to the Division of Human Services so the issues may be corrected.

* Security officers are independent contractors on duty at the front entrances 24 hours a day and at the rear entrance/parking lots 7:00 a.m. to 6:00 p.m. Monday through Friday.

* One maintenance employee is provided by MDHS and one is provided by the Lessor.

* Identification badges shall be required for entrance into the building by employees. Visitors must report to the front entrance, sign in and pass through the metal detector.

* Fire drills, tornado drills and severe weather drills shall be held twice a year.

* The Jackson Fire Department shall inspect the sprinkler and alarm systems annually.

* Weekly health tips shall be emailed to all MDHS employees. A Health Committee sponsors health fairs from time to time. Employee health insurance provides for wellness benefits annually when employee completes the survey of medical history.

* Food services are under an independent contractor and licensed by the Mississippi Health Department.

* MDHS does not fall under the Occupational Safety and Health Administration (OSHA) umbrella. However, MDHS works to insure the workplace is safe and has formal workplace safety programs (blood borne pathogens, first aid, etc.). MDHS does fall under the state tort/liability laws. As such, a state loss control manager inspects the workplaces periodically and makes recommendations for changes that make the workplace safer. These inspections follow OSHA guidelines.

d. Contracting practices and compliance shall be managed by the Mississippi State Personnel Board.
e. Agency risk assessment, analysis and training shall be conducted at the human resources, financial and auditing levels by other divisions within the department.

* MDHS has an agency-wide Drug and Alcohol Testing Program and Employee Assistance Program, the details of which may be found at MDHS AP-13 and AP-50. DFCS personnel shall receive training concerning these policies, which include topics such as addictive behavior, sociological and psychological maladies, family and workplace relationship dynamics, various coping mechanisms and the types of available treatment.

* Staff training regarding many areas of risk is offered by Human Resources, DFCS Professional Development Unit and outside medical professionals. Training opportunities shall be posted on the MDHS website.

* Training and preparation for emergencies and disasters shall be conducted annually. Agency personnel receive training in the National Incident Management System, which is exercised annually and placed into actual practice during hurricanes and other disasters. See Comprehensive Emergency Management Plan, Emergency Support Function #6, and other Annexes, Appendices and Attachments at http://www.msema.org .

f. Volunteer roles and oversight are managed through DFCS Protection Unit, and volunteers must meet the same criteria as staff regarding criminal background checks and Central Registry checks. Volunteers may not carry caseloads and must be supervised.
g. DFCS does not conduct research on clients as program participants. Further, any data collected regarding services provided to clients is reported in the aggregate without identifying information as to a specific client.
h. Financial risks shall be annually assessed by DFCS in conjunction with the Office of Budgets and Accounting to determine budgetary needs. DFCS must request necessary funding from the legislature for federal IV-B, IV-E, and grants;
i. Conflicts of interest risks are assessed as issues arise. MDHS AP-23 outlines instances of conflicts of interest which are prohibited, a few of which are listed below. Employees are prohibited from:
1) viewing cases in MACWIS for personal purposes;
2) prohibited from investigating cases or performing home studies for relatives or friends;
3) prohibited from using official position for personal gain;
4) prohibited from participation in certain outside activities. As different questions of conflict of interest arise, clearances shall be provided through the chain of command and as policy is revised or a memorandum is issued. See MDHS AP-23.
j. Employment practices are assessed as new issues arise in conjunction with the SPB. The Employee Handbook produced by the SPB outlines what employees need to know about their rights and responsibilities. The SPB approves applications of persons seeking employment. Termination and grievance procedures, as well as appeal procedures, are in place for employees and outlined in the Employee Handbook Interagency collaborations on risks occur weekly with the MDHS Executive Director and Division Directors.

* DFCS shall conduct a quarterly review of immediate and ongoing risks that includes a review of incidents, critical incidents, accidents, and grievances related to service modalities or other organizational practices that involve risk or limit freedom of choice; facility safety issues; situations where a person was determined to be a danger to him/herself or others; and serious injuries and deaths.

* Prior to the quarterly review, each County shall complete a Safety Checklist of risks observed and reported. RDs shall designate staff to complete the checklists and results shall be forwarded through the chain of command. The issues identified in the individual counties are analyzed to determine the percentage of the county offices in Mississippi having the same risks. Corrective action plans are developed and timeframes assigned for completing, eliminating, reducing risks or for contacting an agency with authority to make structural or safety improvements.

* Quarterly reviews shall be reported to the Risk Prevention and Management Workgroup (or other designated group) for distribution to persons or agencies for correction or reduction of the identified risk. The results of the quarterly reviews and corrective action plans shall be assessed annually in May and a written report shall be prepared of the findings and decisions.

C.Serious Incident Reports
1.Child Fatalities and Near Fatalities

A DFCS Serious Incident Report (SIR) is used to report any fatality or "near fatality" that occurs involving a child in any open DFCS case (regardless of whether or not maltreatment is suspected). In addition, in situations of non-DFCS involvement where there is alleged maltreatment that results in a fatality or near fatality, a DFCS SIR is also required. A near fatality is defined by CAPTA as an act that, as certified by a physician, places the child in serious or critical condition.

DFCS SIRs are entered through the "online SIR" link on the DFCS Connection website (http://dfcsmacweb/DFCSWEB/index.htm). The SIR should be completed immediately upon receipt of the report of a child fatality or near fatality (from MCI or other source). The DFCS Regional Director is responsible for ensuring timely completion of the SIR. The online SIR form includes detailed instructions and protocol for its completion.

2.Other Serious Incidents

Reports of accidents or runaways* involving children in DFCS custody should be completed on the paper form in MDHS AP-45. (In the rare instance that an accident involving a child in custody results in a fatality or near fatality; both a DFCS online SIR and a MDHS AP-45 report should be completed.) Accidents involving staff and threats made against staff, property or others in the course of DFCS work should be reported pursuant to MDHS AP-45. After completion, the MDHS AP-45 report should be forwarded through the normal supervisory channels including the DFCS Regional Director, DFCS Director of Field Operations, DFCS Division Director, and DFCS Deputy Administrator either by electronic mail or facsimile.

*Runaways must also be reported to DFCS State Office following the protocol in Section D, (Protocol for Reporting Runaway/Missing Youth in Care).

3.Media Involvement

In cases of media coverage of alleged maltreatment (regardless of the severity of injuries) the following DFCS management should be notified by telephone or email: the Director of Field Operations, the Division Director, and the Deputy Administrator (This is in addition to the completion of any DFCS SIR or MDHS AP-45 report required by policy.)

D.MDHS Network and Mississippi Automated Child Welfare Information System

MDHS network, managed by the Management Information System (MIS), shall have sufficient capability to support DFCS's operations, planning, and evaluations . Once DFCS personnel have security clearances and network system access, they can access MACWIS statewide. MACWIS allows employees to review information based on their specific profile. Employees are assigned profiles during access setup based on their job title. This profile is requested by the employee's supervisor through the MACWIS Access Request Form included in the new hire packet.

This profile is requested by the employee's supervisor through the MACWIS Access Request Form included in the hire packet. Employees are required to complete Child Welfare Professional Development (CWPD) Training, which includes one and one half days of Introduction to MACWIS training. Once employees access MACWIS, an inquiry process allows them to see demographic records and case information, as well as enter new information and edit existing information.

DFCS shall maintain MACWIS appropriate to its size and complexity and that permits timely access to information about children and families, capturing, tracking, and reporting of financial, compliance, and other business information and that uses clear and consistent formats and methods of reporting and disseminating data. Staff shall have access to MACWIS via computer terminals located in county offices. MACWIS contains confidential information on individual and families for whom DFCS has responsibility, financial records related to these individuals and families, and similar records on resource homes and licensed facilities.

1.Accessing MACWIS from Home

Employees may access the Network/MACWIS system via their personal Home Computer or Laptop by following the Standard Operating Procedures (SOP) located on the DFCS Connection Web/Policy at http://dfcsmacweb/DFCSWEB/index.htm

2.Proxy

When there is a need for one person to complete tasks for another person in MACWIS, written authorization is requested. Authorization for a proxy is obtained by the assigned staff completing a Proxy Request form electronically located at

http://dfcsmacweb/DFCSWEB/index.htm and submitting it for approval through the lines of supervision to the RD/designee. Specific duties for the Proxy are listed on the Proxy Request form along with the effective dates which shall not exceed ninety days.

The approved Proxy Request form is then forwarded electronically by the RD/designee to the MACWIS Help Desk to request MIS to set-up the proxy in the MACWIS system. The staff who is the proxy must meet the minimum qualifications for the work they will be doing. The person who is proxy for an ASWS must meet the qualifications for ASWS and must have completed the 40 hours of supervisory training.

18 Miss. Code. R. 6-1-A-I-XVII

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016