Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department Of Social Services
Chapter 131. Standards for Licensed Child-Placing Agencies
11/28/2020

22VAC40-131-320. Reports and policies to protect children.

A. The licensee shall keep records and make reports as required by the department.

B. The licensee shall take the following actions in cases of suspected child abuse and neglect:

1. Immediately notify:

a. The child protective services unit of the appropriate local department of social services or the department's 24-hour child abuse and neglect hotline;

b. The custodial agency worker or supervisor; and

c. The department's licensing representative;

2. Cooperate with the local department during its investigation of the complaint;

3. Review each complaint to determine if the licensee's policies and procedures were followed by the licensee's staff and approved provider;

4. Within 90 days of the licensee's receipt of the complaint, make a report to the department's licensing representative addressing the following:

a. Internal policy review findings and actions taken as a result of findings; and

b. The child protective services disposition, if child protective services accepted the case for investigation, and a report of actions taken as a result of child protective services investigation findings; and

5. Maintain an accessible copy of the internal policy review report.

C. The licensee shall submit a written report of circumstances pertaining to the death of a child to the department's licensing representative within seven days of the child's death.

D. The licensee shall make the following notifications pertaining to the death of a child in care:

1. Immediately notify the child's parents or legal guardian of the incident and document such notification in the file of the child; and

2. Notify the department's office of licensing of the child's death immediately but no later than the end of the next business day following the child's death.

E. The licensee shall report any serious incident, accident, or injury to the child to the placing agency, parent, or legal guardian, and to the department's licensing representative within 24 hours following the incident, accident, or injury.

F. For each serious incident, accident, or injury to the child, the licensee shall place a written report in the child's file to document:

1. The date and time the incident, accident, or injury occurred;

2. A brief description of the incident, accident, or injury;

3. Action taken as a result of the incident, accident, or injury;

4. The name of the licensee's staff person who completed the written report;

5. The name of the licensee's staff person who notified (i) the placing agency and (ii) parent or legal guardian of the incident, accident, or injury;

6. The time each notification was made; and

7. The name of the person the staff person contacted and made the notification to.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Volume 28, Issue 10, eff. May 1, 2012.

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