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HomeMy WebLinkAboutEI-103 Incident Management - hyperlink doesnt work1 FRANKLIN/FULTON COUNTY MENTAL HEALTH/INTELLECTUAL & DEVELOPMENTAL DISABILITIES/EARLY INTERVENTION 425 Franklin Farm Lane Chambersburg, PA 17202 (717) 264-5387 MH/IDD/EI PROCEDURE STATEMENT PROCEDURE SUBJECT: Incident Management PROCEDURE NUMBER: EI-103 Effective Date: March 7, 2008 Date Revised: October 30, 2023 References: Announcement EI-23 #03, Reportable Incidents for Mandated Reporters, updated 09/21/2023 INTRODUCTION: All providers of early intervention services are responsible to partner with the MH/IDD/EI program and the state Office of Child Development and Early Learning (OCDEL) to assure the health, safety, and rights of persons receiving supports and services. All early intervention providers, employees, and subcontractors are to report incidents as defined within this procedure statement to MH/IDD/EI and the Office of Child Development and Early Learning (OCDEL). Each provider in Franklin/Fulton Early Intervention (EI) Program must establish an Incident Management Policy. DEFINITIONS: Mandated reporters – persons who, in the course of their employment, occupation, or practice of a profession, come into contact with children and are required to report when they suspect child abuse. This includes when a person has reasonable cause to suspect on the basis of medical, professional, or other training and experience that a child is a victim of child abuse. A mandated reporter who makes a report of suspected child abuse is entitled to the final status of the child abuse report following the investigation, whether it be indicated, founded or unfounded, and any services provided, arranged for or to be provided by the County Children and Youth agency to protect the child. Child abuse – intentionally, knowingly or recklessly doing any of the following to a child under 18 years of age:  Causing bodily injury to a child through any recent act or failure to act.  Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. 2  Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.  Causing sexual abuse or exploitation of a child through any act or failure to act.  Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.  Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.  Causing serious physical neglect of a child.  Causing the death of the child through any act or failure to act.  Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102). Child abuse also includes the following recent acts which constitute abuse even if they do not result in injury:  Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child.  Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.  Forcefully shaking a child under one year of age.  Forcefully slapping or otherwise striking a child under one year of age.  Interfering with the breathing of a child.  Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of a methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.  Leaving a child unsupervised with an individual, other than the child’s parent, when the individual leaving the child knows or reasonably should have known that the person with whom the child was left was required to register as a Tier II or III sexual offender or has been determined to be a sexually violent predator or sexually violent delinquent. ChildLine – the Pennsylvania Statewide Child Abuse Hotline where all reports of suspected child abuse must be reported at (800) 932-0313. Reports meeting criteria of suspected child abuse are then forwarded to the appropriate County Children and Youth agency for investigation. The County Children and Youth agency has sole responsibility for investigating reports of suspected child abuse. Reports are to be made regardless of the relationship between the alleged perpetrator and the child. Recent Act – an act committed within the preceding two (2) years of its report. Further explanations of these can be found in the Child Protective Service Laws (Title 23 Pa. C. S., Chapter 63) at §6303. 3 POLICY: When providing services in the home or community of a child and family, providers, their employees and subcontractors are to report incidents that occur when they are present in the child’s home/community. In cases of CHILD ABUSE – providers, their employees and subcontractors are also to report suspected or alleged abuse, including neglect and exploitation, of which they become aware, regardless of whether they were providing services at the time the alleged abuse occurred. Providers, employees and subcontractors must report possible abuse by a parent or caregiver of which they become aware regardless of whether they are present at the time or whether it involves a paid caregiver. PROCESS: Reporting Process:  Reports of suspected child abuse, including neglect and exploitation, must be made to ChildLine, Pennsylvania’s Statewide Child Abuse Hotline, at (800) 932-0313. Reports can also be made through the Child Human Services Portal at https://www.compass.state.pa.us/cwis. Reports meeting the criteria of suspected child abuse are then forwarded to the appropriate County Children and Youth agency for investigations.  Reports of suspected child abuse are to be made regardless of the relationship between the alleged perpetrator and the child. Previously, mandated reporters were only required to report when the alleged perpetrator met the CPSL’s definition of perpetrator. If the alleged perpetrator does not meet the CPSL’s definition of perpetrator, the report will be forwarded by ChildLine to the appropriate law enforcement agency for investigation.  A mandated reporter who makes a report of suspected child abuse is entitled to the final status of the child abuse report following the investigation, whether it is indicated, founded, or unfounded, and any services provided by the County Children and Youth agency to protect the child.  In addition to reporting to ChildLine, the EI Program should also be notified within 24 hours of observation. In cases where the suspected abuse is alleged to have been committed by an EI service provider, this is considered a “reportable incident”. The process is as follows:  Reports of suspected child abuse must be made to ChildLine at (800) 932-0313 or through the Child Human Services Portal at https://www.compass.state.pa.us/cwis. Reports meeting the criteria of suspected child abuse are then forwarded to the appropriate County Children and Youth agency for investigations.  In addition to reporting to ChildLine, the mandated reporter must notify the Infant Toddler EI Program that has responsibility for providing services to the infant or child within 24 hours of observation or becoming aware of the suspected abuse using part 1 of the EI Reportable Incident Form. The Infant Toddler EI Program must submit part 1 of the EI Reportable Incident Form to OCDEL via facsimile at 717-787-1529 or securely email to RA-ocdintervention@pa.gov within 48 hours of receipt. 4  For infants and toddlers whom receive both EI services and Intellectual & Developmental Disabilities services, a report should be submitted to OCDEL, using the EI Reportable Incident Form, and to ODP through HCSIS. Investigation Process:  The Infant Toddler EI Program is responsible for initiating a review of the reported incident and documenting their activities and findings in parts 2 and 3 of the EI Reportable Incident Form.  The Infant Toddler EI Program should communicate regularly with their assigned EI Advisor as they complete their review and document activities in part 2 of the EI Reportable Incident Form. The Infant Toddler EI program’s review must be conducted in a manner so as not to interfere with the local Children and Youth services agency and/or law enforcement agency investigation activities.  The Infant Toddler EI Program’s review process must be concluded and finalized part 2 and 3 of the EI Reportable Incident Form must be forwarded to OCDEL within five (5) business days of the date the county Children and Youth agency issued its finding.  If OCDEL has any questions on the report or determines additional information is necessary, the Infant Toddler EI Program is responsible for responding to OCDEL within five (5) business days of OCDEL’s request for additional information.  If the additional information is satisfactory, OCDEL will notify the Infant Toddler EI Program within five (5) business days of the approval of the additional information.  OCDEL will review the Infant Toddler EI Program’s report and notify the Infant Toddler EI Program in writing within five (5) business days of OCDEL’s approval of the report. It is the Infant Toddler EI Program’s responsibility to notify the EI Provider agency of OCDEL’s approval, as applicable. Providers Responsibilities:  EI Provider agencies are required to have policies and procedures in place that ensure the safety of infants and toddlers receiving EI services during the county Children and Youth Agency’s investigation and the Infant Toddler EI Program’s review process. These policies and procedures must include disciplinary action or removal of a service provider when needed to ensure the safety of infants and toddlers receiving EI services.