La. Admin. Code tit. 48 § I-5233

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-5233 - Policy and Procedures

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.

La. Admin. Code tit. 48, § I-5233

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 35:2768 (December 2009), Amended by the Department of Health, Bureau of Health Services Financing, LR 482973 (12/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2193-40:2193.4.