SECTION 377:10-13-92. Reporting abuse

(a)   Written report. Facility policy and procedure shall state that a person shall make an immediate written report to the OJA Advocate General and Office of Client Advocacy, DHS State Office, when:

(1)   the person suspects an OJA-custody juvenile has been abused, neglected, or mistreated;

(2)   a juvenile, parent, guardian, or other person makes an allegation of abuse, neglect, or mistreatment;

(3)   a juvenile in OJA custody dies;

(4)   serious injury to an OJA-custody juvenile occurs:

(A)   as a result or in the case of the use of physical force by an employee;

(B)   as a result of an assault by any person; or

(C)   under unexplained, suspicious, or unusual circumstances;

(5)   An OJA-custody juvenile is the apparent victim of, or participates in, sexual activity prohibited by State law; or

(6)   death or serious injury to an OJA-custody juvenile occurs where the presence of alcohol or a controlled dangerous substance is detected on either the juvenile or staff.

(b)   Abuse, neglect, or mistreatment. Abuse, neglect, or mistreatment does not include the properly performed use of restraints or physical force as authorized by law, policy or regulation.

(c)   Protection or medical treatment. In the event of alleged abuse, neglect, or mistreatment in a facility, the facility director or designee shall assure protection of the juvenile and obtain medical attention for the juvenile.

(d)   Preliminary investigation. When a reportable situation arises, each staff member, resident, or other person present during the incident shall immediately prepare and submit to the facility director or designee a written incident report describing what the person saw or heard. The facility director shall make a preliminary investigation to determine who was present when the incident occurred and ensure that those present submit the required written report. The facility director shall also obtain any related medical record or report. The facility director shall ensure that reasonable steps are taken to preserve all evidence or crime scenes until the appropriate investigative agency has arrived on site. All reports prepared pursuant to the preliminary investigation shall be submitted to the facility director or designated representative within 24 hours of the report of the incident.

(e)   Referral to law enforcement agency. If the reportable situation could result in criminal charges, the facility director or designated representative shall also immediately report the matter to the appropriate law enforcement agency. If there is a question as to whether the reportable situation could result in possible criminal charges, the facility director or designated representative shall immediately consult with the Advocate General or a representative of the OJA Office of General Counsel.

(f)   Rights and responsibilities of accused employee. An employee involved in the investigation of alleged juvenile abuse, neglect, or mistreatment shall:

(1)   prepare a written incident report concerning any situation which may be reportable as abuse, neglect, or mistreatment, if present when and where the alleged abuse, neglect, or mistreatment occurred;

(2)   be available for scheduled interviews relating to the investigation;

(3)   refrain from any action which may interfere with the investigation, including any action which may intimidate, threaten, or harass any person who has or may provide information relating to the alleged abuse, neglect, or mistreatment;

(4)   respond fully and truthfully to questions relating to alleged abuse, neglect, or mistreatment; and

(5)   maintain rules of confidentiality and decorum so as to not impede, obstruct, hinder, or taint an impending or ongoing investigation.

[Source: Added at 15 Ok Reg 1324, eff 1-13-98 (emergency); Added at 15 Ok Reg 2682, eff 7-1-98]