37.106.1427    ABUSE OR NEGLECT REQUIREMENTS

(1) A substance use disorder facility (SUDF) must require each staff member to read and sign a statement that:  

(a)  clearly defines child abuse and neglect as defined in 41-3-102, MCA;

(b)  clearly defines abuse, neglect, and exploitation of an older person or a person with a developmental disability as defined in 52-3-803 MCA; and

(c)  outlines the individual's responsibility to report all known or suspected incidents of abuse, neglect, or exploitation of any client within 24 hours.

(2)  Any SUDF staff member who knows or has reasonable cause to suspect an incident of child abuse or neglect has occurred must make a report within 24 hours of the incident to the SUDF administrator, or a person designated by the SUDF administrator, and to the state child abuse hotline (866) 820-5437 as required in 41-3-201, MCA.

(3)  Any SUDF staff member who knows or has reasonable cause to suspect an incident of abuse, neglect, or exploitation of a vulnerable adult has occurred must make a report within 24 hours of the incident to the SUDF administrator, or a person designated by the SUDF administrator and to Adult Protective Services or other bodies as required in 52-3-811, MCA.

(4) In addition to reporting requirements in (2) and (3), the SUDF must also make a report to the Office of Inspector General, Licensing Bureau in writing within 24 hours of any allegations of client abuse, neglect, or exploitation within the SUDF.

(5) The SUDF must document, in writing, that the proper authorities have been contacted and the abuse, neglect, or exploitation has been reported.

(6) The SUDF must fully cooperate with any investigation conducted because of the report.

(7) The SUDF must have written policies for handling suspected incidents of abuse, neglect, or exploitation, including:

(a) procedures for ensuring staff members suspected of abuse, neglect, or exploitation do not continue to provide direct care until an investigation is completed;

(b) development of a safety plan, approved by the department, which protects the client and staff member until the investigation is complete; and

(c) procedures for taking appropriate disciplinary measures against any staff member involved in an incident of client abuse, neglect, or exploitation upon validation of the allegation, including:

(i) termination of employment;

(ii) retraining of the staff member; or

(iii) any other appropriate action by the SUDF geared toward the prevention of future incidents of client abuse, neglect, or exploitation.

History: 50-5-103, MCA; IMP, 50-5-103, MCA; NEW, 2022 MAR p. 1889, Eff. 9/24/22.