Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
State Facility Director shall develop a written policy specifying procedures
for reporting and investigating all cases of alleged or suspected abuse,
neglect or exploitation occurring when the client is under the supervision of
the state facility. The policy shall be in accordance with
G.S.
122C-66 and shall include at least the
following provisions:
(1) specifications of
the progressive steps in the reporting and investigation process for all cases
of alleged or suspected abuse, neglect or exploitation, staff positions
responsible for investigation, and time periods to be observed for each
step;
(2) a requirement for
immediate intervention by any state facility employee witnessing abuse, neglect
or exploitation;
(3) a system of
immediate reporting of any suspected abuse, neglect or exploitation which
includes but is not limited to the internal client advocate and appropriate
state facility employees and provisions for confidential reporting;
(4) the arrangement for immediate medical
evaluation where major physical injury is involved or suspected;
(5) the designation of a state facility
employee or position to conduct a preliminary investigation, including the
review of written reports by all state facility employees involved;
(6) in the event that a complete
investigation is indicated, the notification of the State Facility Director,
the legally responsible person of a minor or incompetent adult client, and the
internal client advocate. The Human Rights Committee may be notified that there
is a complete investigation indicated; however, Human Rights Committee
involvement shall be in accordance with
10 NCAC
16G .0209.
(7) a requirement for immediate reporting of
any alleged or suspected abuse, neglect or exploitation whenever there is a
reasonable cause to believe that the client is in need of protective services
(as defined in G.S. Chapter 108A, Article 6 and G.S. Chapter 7A, Article 44) to
the county department of social services by the State Facility Director or
designee as specified in G.S. Chapter 108A, Article 6 or G.S. Chapter 7A,
Article 44;
(8) a provision to
allow an independent investigation by the internal client advocate and Human
Rights Committee, when in accordance with
10A NCAC
28A .0209, reporting directly to the State
Facility Director; and
(9) a
provision to ensure that all state facility employees remain aware of the
procedures and are aware of their rights and responsibilities if they are
witness to, or aware of, or accused of abuse, neglect or
exploitation.
(b) Cases
of suspected abuse, neglect or exploitation occurring when the client is not
under the direct or immediate supervision of the state facility shall be
reported to the county department of social services by any state facility
employee suspecting the abuse, neglect or exploitation as specified in G.S.
Chapter 108A, Article 6 or G.S. Chapter 7A, Article 44.
Authority G.S. 7A,
Article 44; 108A, Article 6; 122C-51; 122C-59; 122C-65; 122C-66; 122C-67;
131E-67; 143B-147;
Eff. October 1, 1984;
Amended Eff.
July 1, 1989;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. March 6,
2018.
