ARM 37.106.3214. CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS

(1) A facility must require each resident, person associated with the facility, and staff member to read and sign a statement that clearly defines abuse and neglect and outlines the individual's responsibility to report all known or suspected incidents of abuse or neglect of any resident to the department within 24 hours. (2) Any facility staff or person associated with the facility who knows or has reasonable cause to suspect that an incident of abuse or neglect has occurred must report within 24 hours of the incident to the administrator, or a person designated by the administrator, and to the state child abuse hotline, (866) 820-5437, as required in 41-3-201, MCA. The facility must fully cooperate with any investigation conducted as a result of the report. (3) A facility must have written policies and procedures for handling any suspected incident of abuse or neglect, including: (a) a procedure for ensuring that the staff member suspected does not continue to provide direct care until an investigation is completed; (b) a procedure for developing a safety plan approved by the department which protects the residents and staff until the investigation is complete; (c) a procedure for taking appropriate disciplinary measures against any staff member involved in an incident of child abuse or neglect, including termination, retraining, or any other action geared towards the prevention of future incidents; and (d) a procedure for reporting, investigating, and taking appropriate disciplinary measures against any staff member accused of sexually abusing, exploiting, or harassing a resident. (4) Any serious incident involving a resident must be reported in writing within one business day to the department's licensure bureau. The report must include: (a) the date and time of the incident; (b) the names of all residents and staff member(s) involved; (c) a description of the incident and the circumstances surrounding it; (d) a statement written by the staff member that was involved in the incident or witnessed the incident; and (e) documentation of the date and time the incident was reported to the parent or legal guardian. (5) A copy of the report must be maintained in the resident’s file. (6) The facility must cooperate with all licensing surveys and investigations, which may include private one-on-one interviews with staff and residents.