Current through Register Vol. 50, No. 9, September 20, 2024
A. The
PDHC facility through collaboration by the medical director, administrator, and
director of nursing shall develop, implement and maintain written policies and
procedures governing all child care and related medical or other services
provided. to participants. The child care policies and procedures shall ensure
compliance with these licensing standards.
B. All child care policies and procedures
shall be reviewed at least annually and revised as needed.
C. Child care policies and procedures shall
address the prevention, reporting, and investigation of abuse and neglect. All
facility staff shall immediately report any suspected abuse and/or neglect of a
child in accordance with state law.
D. The facility's written policy on
prevention, reporting, and investigation of abuse and neglect, as well as the
local child protection agency's telephone number, shall be posted in the
facility in a conspicuous location.
E. The PDHC facility shall develop and
implement a grievance policy and procedures. The grievance policy shall be used
to process complaints by the child or parent.
1. The child or parent shall be entitled to
initiate a grievance at any time.
2. The child and/or parent shall be informed
of and provided a written copy of the grievance policy of the PDHC facility
upon acceptance to the facility.
3.
The administrator of the facility or his designee shall investigate all
grievances and shall make reasonable attempts to address the
grievance(s).
4. The administrator
or his designee shall issue a written report or decision to the child and/or
parent within five business days of receipt of the grievance. The written
report shall contain:
a. the findings of the
investigation;
b. resolution of the
investigation; and
c. the address
and contact number of the licensing section of the department to which a
complaint may be filed.
5. The facility shall prominently post the
grievance procedure in an area accessible to the child and family.
F. The director of the PDHC
facility shall develop and share with all facility employees and the parents or
guardians of children served at the facility a policy relative to cameras that
record both video and audio at the facility that, at minimum, provides for all
of the following:
1. the location and
placement of cameras that record both video and audio in any room in which
children may be cared for, except the interior of a restroom or any other area
in which a child's bare body is normally exposed;
2. a requirement that written notice of the
cameras that record both video and audio be provided to facility employees, the
parents or guardians of children served at the facility, and authorized
visitors;
3. a requirement that all
employees who provide services at the facility receive training concerning the
use of cameras that record both video and audio;
4. provisions relative to the duration of
retention of video and audio data recorded by the devices required in
§
5205 and procedures for data
storage and disposal;
5. procedures
for protecting children's privacy and for determining to whom, and under what
circumstances, video or audio data may be disclosed. Such policies shall
restrict authorization to review video or audio data recorded by cameras at
PDHC facilities to the following persons, exclusively:
a. the director of the PDHC
facility;
b. the secretary of the
department or his/her designee;
c.
the parents or guardians of a recorded child, pursuant to an allegation or
evidence of abuse, neglect or injury;
d. any member of law enforcement while
investigating, in his official capacity, an allegation or evidence of abuse,
neglect or injury; and
e. any party
designated in a subpoena issued by a court of law;
6. a requirement that any person who views a
recording showing what he believes could be a violation of state or federal law
shall report the suspected violation to the appropriate law enforcement
agency;
7. a requirement that any
cameras that record both video and audio installed pursuant to
§
5205 be in compliance with the
National Fire Protection Association Life Safety Code, as
adopted by the Office of State Fire Marshal; and
8. a requirement that any video and audio
recordings made by cameras at PDHC facilities, installed and operated in
accordance with § 5205, shall be kept confidential and are not public records;
however, such a recording may be viewed by a party designated in Subsection F.5
of this Section.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2193-40:2193.4.
