Section 75-03-17-16.1 - Child abuse and neglect reporting1. All facility employees and nonemployees, upon hire and annually thereafter, shall certify having read the law requiring the reporting of suspected child abuse or neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written child abuse and neglect reporting procedures.2. The facility shall adopt written policies and procedures requiring employees and nonemployees to report cases of suspected child abuse and neglect. The procedures must include the following statements: "All employees and nonemployees shall comply with North Dakota Century Code chapter 50-25.1, child abuse and neglect. Therefore, it is the policy of this facility that an employee or nonemployee who knows or reasonably suspects that a current resident or former resident receiving aftercare services whose health or welfare has been, or appears to have been, harmed as a result of abuse or neglect, that employee or nonemployee shall immediately report this information to the department.
Failure to report this information in the prescribed manner constitutes grounds for dismissal from employment or placement of nonemployee and referral of the employee or nonemployee to the office of the state's attorney for investigation of possible criminal violation."
3. The facility's policies and procedures must address:a. To whom a report is made;b. When a report must be made;c. The contents of the report;d. The responsibility of each individual in the reporting chain;e. The status of an employee or nonemployee who is the alleged perpetrator subject of a report pending assessment, administrative proceeding, or criminal proceeding;f. The discipline of an employee or nonemployee who is the perpetrator subject of a confirmed decision or a determination that institutional child abuse or neglect is indicated, up to and including termination; andg. The status and discipline of an employee or nonemployee who fails to report suspected child abuse or neglect.4. The facility shall cooperate fully with the department throughout the course of any assessment or investigation of any allegation of child abuse or neglect made concerning care furnished to a resident. The facility shall, at a minimum, provide the assessors, investigators, or reviewers with all documents and records available to the facility and reasonably relevant to the assessment or investigation, and shall permit confidential interviews with employees, nonemployees, and residents. Internal facility interviews and investigations are not permitted to occur concurrent with a department assessment or law enforcement investigation. A facility may use risk reduction techniques to ensure safety and security of employees, nonemployees, and residents. In the case of an indicated determination, the facility shall notify the department licensing administrator, in writing, of the corrective action the facility has taken, or plans to take, to comply with any resulting recommendations from the state child protection team. The facility shall make assurances that revised facility practice will reduce the risk of the incident reoccurring. The facility shall respond within thirty days of receiving written notification of the determination.
N.D. Admin Code 75-03-17-16.1
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.General Authority: NDCC 25-03.2-10
Law Implemented: NDCC 25-03.2-03, 25-03.2-07