Subject 290-2-7 RULES AND REGULATIONS FOR OUTDOOR CHILD CARING PROGRAMS
Unless a different meaning is required by the context, the
following terms as used in these rules and regulations shall have the meaning
hereafter respectively ascribed to them:
| (a) |
"Administrator" or "Executive Director"
means the person responsible for overall administration of the Outdoor Child
Caring Program. |
| (b) |
"Applicant"
means the following:
| 1. |
When the outdoor child
caring program is owned by a sole proprietorship, the individual proprietor
shall be the applicant for the license, complete the statement of
responsibility and serve as the licensee; |
| 2. |
When the outdoor child caring program is
owned by a partnership, the general partners shall be the applicant for the
license, complete the statement of responsibility and serve as the
licensee; |
| 3. |
When the outdoor child
caring program is owned by an association, the governing body of the
association shall authorize the application for the license and complete the
statement of responsibility and the association shall serve as the licensee;
and |
| 4. |
When the outdoor child
caring program is owned by a corporation, the governing body of the corporation
shall authorize the application for the license and complete the statement of
responsibility and the corporation shall serve as the licensee. |
|
| (c) |
"Behavior management" means
those principles and techniques used by a facility to assist a resident in
facilitating self-control, addressing inappropriate behavior, and achieving
positive outcomes in a constructive and safe manner. Behavior management
principles and techniques shall be used in accordance with the individual
service plan, written policies and procedures governing service expectations,
service plan goals, safety, security, and these rules and
regulations. |
| (d) |
"Board" unless
otherwise indicated, shall mean the Georgia Board of Human Resources. |
| (e) |
"Camper" means a child who has been
admitted to the Outdoor Child Caring Program for care. |
| (f) |
"Chemical restraint" means drugs that are
administered to manage a child's behavior in a way that reduces the safety risk
to the resident or others; that have the temporary effect of restricting the
child's freedom of movement; and that are not being used as part of a standard
regimen, as specified in the child's treatment plan, to treat current symptoms
of a medical or psychiatric condition. |
| (g) |
"Child" means a person through 18 years
of age. |
| (h) |
"Child caring
institution" means a child-welfare agency that is any institution, society,
agency, or facility, whether incorporated or not, which either primarily or
incidentally provides full-time care for children through 18 years of age
outside of their own homes, subject to such exceptions as may be provided in
rules and regulations of the Board of Human Resources. This full-time care is
referred to as room, board and watchful oversight. For purposes of these rules,
a child caring institution means any institution, society, agency, or facility
that provides such care to six or more children. |
| (i) |
"Commissioner" means the Commissioner of
the Georgia Department of Human Resources or his designee. |
| (j) |
"Criminal history background check" means
a search as required by law of the criminal records maintained by law
enforcement authorities to determine whether the applicant has a criminal
record as defined in these rules. |
| (k) |
"Criminal record" means:
| 1. |
Conviction of a crime; or |
| 2. |
Arrest, charge, and sentencing for a crime
where:
| (i) |
A plea of nolo contendere was
entered to the charge; or |
| (ii) |
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or |
| (iii) |
Adjudication
or sentence was otherwise withheld or not entered on the charge; or |
| (iv) |
Arrest and being charged for a crime if
the charge is pending, unless the time for prosecuting such crime has expired
pursuant to O.C.G.A. Sec.
17-3-1et
seq. |
|
|
| (l) |
"Department" means the Department of
Human Resources of the State of Georgia. |
| (m) |
"Emergency safety interventions" mean
those behavioral intervention techniques that are authorized under an approved
emergency safety intervention plan and are utilized by properly trained staff
in an urgent situation to prevent a child from doing immediate harm to self or
others. |
| (n) |
"Emergency safety
intervention plan" means the plan developed by the therapeutic camp utilizing a
nationally recognized, evidence-based, training program for emergency safety
intervention, approved by the Department. The plan shall clearly identify the
emergency safety interventions staff may utilize and those that may never be
used. |
| (o) |
"Employee" means any
person, other than a director, employed by an institution to perform any duties
at any of the institution's facilities which involve personal contact between
that person and any child being cared for at the institution and also includes
any adult person who resides at the institution or who, with or without
compensation, performs duties for the institution which involve personal
contact between that person and any child cared for by the institution. For
purposes of these rules, an employee does not mean a child that resides at the
facility and performs duties for the institution. |
| (p) |
"Fingerprint records check determination"
means a satisfactory or unsatisfactory determination by the department based
upon a records check comparison of Georgia Crime Information Center (GCIC)
information with fingerprints and other information in a records check
application. |
| (q) |
"Governing Board"
means the persons in which the ultimate legal responsibility, authority and
accountability for the operation of the Outdoor Child-Caring Camp is
vested. |
| (r) |
"License" means a
written authorization granted by the Department to an applicant for license to
operate an Outdoor Child Caring Program as a classification of a Child-caring
Institution. |
| (s) |
"Manual hold"
means the application of physical force, without the use of any device, for the
purpose of restricting the free movement of a child's body and is considered a
form of restraint. A manual hold does not include briefly holding a child
without undue force to calm or comfort the child, holding a child by the hand
or by the shoulders or back to walk the child safely from one area to another
where the child is not forcefully resisting the assistance, or assisting the
child in voluntarily participating in activities of daily living. |
| (t) |
"Mechanical restraint" means a device
attached or adjacent to the child's body that is not a prescribed and approved
medical protection device and that he or she cannot easily remove that
restricts freedom of movement or normal access to his or her body. A mechanical
restraint does not include devices used to assist a child with appropriate
positioning or posture secondary to physical impairments or
disabilities. |
| (u) |
"Medicaid
Rehabilitation Option Provider (MRO)" means that category of behavioral health
services designed for the maximum reduction of impairments related to mental
illness or addiction and restoration of a Medicaid recipient to his/her best
possible functional level. |
| (v) |
"Outdoor Child-Caring Program" means a child-caring institution, hereinafter
also referred to as facility or program or camp that provides room, board and
watchful oversight along with a variety of outdoor activities taking place in a
wilderness or camp environment that are designed to improve the emotional and
behavioral adjustment of the children, through the age of eighteen (18)
participating in the activities. The term does not include outdoor camps that
operate for a time-limited period, not exceeding 14 weeks per year. These
children may also be referred to in these rules as "residents" or
"campers." |
| (w) |
"Owner" means any
individual or any person affiliated with a corporation, partnership, or
association with 10 percent or greater ownership interest in the business or
agency licensed as an outdoor child caring program and who:
| 1. |
Purports to or exercises authority of the
owner in an outdoor child caring program; |
| 2. |
Applies to operate or operates an outdoor
child caring program; |
| 3. |
Enters
into a contract to acquire ownership of an outdoor child caring
program. |
|
| (x) |
"Placement
Agency" means any person other than the parent of a child who is legally
responsible for placement planning for the child. |
| (y) |
"Plan of Correction" means a written plan
submitted to the Department by the person or persons responsible for the
Outdoor Child Caring Program. The Plan shall identify the existing areas of
non-compliance of the Outdoor Child Caring Program, together with the proposed
procedures, methods and period of time required to correct the areas of
noncompliance. |
| (z) |
"Preliminary
records check application" means an application for a preliminary records check
determination on forms provided by the department. |
| (aa) |
"Preliminary records check
determination" means a satisfactory or unsatisfactory determination by the
department based only upon a comparison of Georgia Crime Information Center
(GCIC) information with other than fingerprint information regarding the person
upon whom the records check is being performed. |
| (bb) |
"Records check application" means two
sets of classifiable fingerprints, a records search fee to be established by
the department by rule and regulation, payable in such form as the department
may direct to cover the cost of a fingerprint records check, and an affidavit
by the applicant disclosing the nature and date of any arrest, charge, or
conviction of the applicant for the violation of any law; except for motor
vehicle parking violations, whether or not the violation occurred in this
state, and such additional information as the department may require. |
| (cc) |
"Room, Board and Watchful Oversight"
means providing a safe, appropriate outdoor setting, adequately nutritious
meals and oversight to ensure a child's basic safety needs are met. |
| (dd) |
"Satisfactory criminal history
background check determination" means a written determination that a person for
whom a records check was performed was found to have no criminal
record. |
| (ee) |
"Seclusion" means the
involuntary confinement of a child away from other children, due to imminent
risk of harm to self or others, in a room or an area from which the child is
physically prevented from leaving. |
| (ff) |
"Social Service Worker (SSW)" means the
person(s) employed by the facility who is (are) responsible for providing
oversight of services to children and their families in the camp setting. The
Social Service Worker is responsible for monitoring the residents' needs and
ensuring that appropriate services are being provided and arranged for in order
to meet those needs. Duties include, but are not limited to: the coordination
of the facility's admission evaluation; the development of the service and
Room, Board, Watchful Oversight plans; case work services as provided in their
service plan; and monitoring of their educational and/or vocational
needs. |
| (gg) |
"Supervision" means the
continued responsibility of the licensee to take reasonable action to provide
for the health, safety, and well-being of a resident while under the
supervision of the licensee or the agent or employee of the licensee, including
protection from physical, emotional, social, moral, financial harm and personal
exploitation while in care. The licensee is responsible for providing the
degree of supervision indicated by a child's age, developmental level,
physical, emotional, and social needs. |
| (hh) |
"Temporary License" means written
authorization granted by the Department to an applicant for license to admit
children to the Outdoor Child Caring Program on a conditional basis to allow a
newly established Outdoor Child Caring Program a reasonable, but limited period
of time to demonstrate that operational procedures are in satisfactory
compliance with these rules and regulations, or to allow an established and
currently operating Outdoor Child Caring Program a reasonable, but specified,
length of time to comply with these rules and regulations, provided said
Outdoor Child Caring Program shall first present a Plan of Correction which is
acceptable to the Department. |
| (ii) |
"Time-out" means a behavior management technique that involves the brief
separation of a child from the group, not to exceed twenty (20) minutes,
designed to de-escalate the child. During "time-out" a child's freedom of
movement is not physically restricted. |
| (jj) |
"Unsatisfactory criminal history
background check determination" means a written determination that a person for
whom a records check was performed has a criminal record. |
| (kk) |
"Variance" means written permission by
the Department or Board to do some act contrary to the literal rule. |
| (ll) |
"Waiver" means the official written
relinquishment of a rule in the course of issuance of a license. |
| (1) |
No person,
institution, agency, society or facility shall operate an Outdoor Child Caring
Program unless a license or permit has been obtained from the
Department. |
| (2) |
The following types
of child-caring institutions or activities are exempt from the requirements of
these regulations:
| (a) |
Child-caring
institutions licensed by the Department pursuant to rules and regulations of
the Department, Chapters 290-2-5 and 290-2-6, and which do not provide outdoor
child caring camping activities exceeding periods of more than 14-day
duration. |
| (b) |
facilities licensed
by the Department pursuant to rules and regulations for hospitals, Chapter
290-5-6. |
| (c) |
facilities licensed by
the Department pursuant to rules and regulations for intermediate care homes,
Chapter 290-5-9. |
| (d) |
facilities
licensed by the Department pursuant to rules and regulations for drug abuse
treatment programs, Chapter 290-4-2. |
| (e) |
facilities owned and operated by the
federal government. |
| (f) |
summer
camps established solely for recreational and educational programs. |
|
| (1) |
The legal basis for operation of an
Outdoor Child Caring Program shall be documented through copies of the Articles
of Incorporation, partnership agreements, and documents reflecting the creation
of an association or a resolution authorizing the operation of the
program. |
| (2) |
All Outdoor Child
Caring Programs shall have a Governing Body that is responsible for and has
authority over the policies and activities of the Outdoor Child Caring Program.
If an Outdoor Child Caring Program is owned by a partnership, the partners
shall be regarded as the Governing Body for the purposes of this subsection. If
an Outdoor Child Caring Program is owned by a sole proprietor, the
responsibilities imposed on a Governing Body by this subsection shall be borne
by that proprietor.
| (a) |
Outdoor Child Caring
Programs that are owned corporately shall provide the Department with a list of
names, addresses, and titles of the officers and/or executive committee of the
Governing Body. Outdoor Child Caring Programs that are owned jointly or
individually shall provide the Department with a list of names and addresses of
the partners or owner. The Department shall be notified of any
changes. |
|
| (3) |
The
Governing Body shall be responsible for:
| (a) |
Employing an Administrator or Executive Director; |
| (b) |
Developing and complying with written
policies and operating procedures concerning organizational structure,
personnel practices, admissions, care and services, appropriate behavior
management and emergency safety interventions, and discharge of campers in
accordance with these rules and regulations; |
| (c) |
Ensuring adequate financing; |
| (d) |
Ensuring compliance with minimum
requirements; |
| (e) |
Periodically
reviewing the program of care and services; |
| (f) |
Approving an annual budget; and |
| (g) |
Providing bonding for Board officers and
staff who handle substantial operating or capital funds of the Outdoor Child
Caring Program. |
|
| (4) |
The
Governing Body shall visit the Outdoor Child Caring Program site at least twice
a year to observe the operation of the program and the activities of the
campers. This shall be documented in the minutes of the meetings of the
Governing Body. |
| (5) |
The Outdoor
Child Caring Program shall operate in accordance with its written policies and
procedures. Copies of policies and procedures shall be made available to
facility staff. |
| (6) |
The Governing
Body shall be responsible for obtaining a satisfactory determination on a
criminal records check for the Director and all staff whose duties involve
personal contact with the campers. |
| (7) |
The Outdoor Child Caring Program shall
maintain complete financial records. Books shall be audited annually by an
independent certified public accountant. A copy of the accountant's statement
of income and disbursements and the opinion letter from the audit report shall
be submitted annually to the Department. |
| (8) |
A new Outdoor Child Caring Program shall
have funds sufficient for the first year of operation. It shall have reserve
funds or documentation of available credit, equal to the operating costs for
the first three months. |
| (1) |
Criminal History Background Checks for
Owners Required. Prior to approving any license for a new outdoor child caring
program and periodically as established by the department by rule and
regulation, the department shall require an owner to submit a records check
application so as to permit the department to obtain criminal history
background information on the owner.
| (a) |
An
owner may not be required to submit a records check application if it is
determined that the owner does not do at least one of the following:
| 1. |
Maintains an office at the location where
services are provided to children; |
| 2. |
Resides at a location where services are
provided to children; |
| 3. |
Has direct
access to children receiving care; or |
| 4. |
Provides direct personal supervision of
personnel by being immediately available to provide assistance and direction
during the time services are being provided. |
|
| (b) |
In lieu of a records check application,
an owner may submit evidence, satisfactory to the department, that within the
immediately preceding 12 months the owner has received a satisfactory criminal
history background check determination. |
|
| (2) |
An outdoor child caring program license
shall not be issued, and any license issued shall be revoked where it has been
determined that the owner has a criminal record involving any of the following
covered crimes, as outlined in O.C.G.A. Sec.
49-2-14.1et seq.:
| (a) |
A violation of Code Section
16-5-1, relating to murder and
felony murder; |
| (b) |
A violation of
Code Section
16-5-21, relating to aggravated
assault; |
| (c) |
A violation of Code
Section 16-5-24, relating to aggravated
battery; |
| (d) |
A violation of Code
Section 16-5-70, relating to cruelty to
children; |
| (e) |
A violation of Code
Section 16-5-100, relating to cruelty to a
person 65 years of age or older; |
| (f) |
A violation of Code Section
16-6-1, relating to
rape; |
| (g) |
A violation of Code
Section 16-6-2, relating to aggravated
sodomy; |
| (h) |
A violation of Code
Section 16-6-4, relating to child
molestation; |
| (i) |
A violation of
Code Section
16-6-5, relating to enticing a
child for indecent purposes; |
| (j) |
A
violation of Code Section
16-6-5.1, relating to sexual
assault against persons in custody, detained persons, or patients in hospitals
or other institutions; |
| (k) |
A
violation of Code Section
16-6-22.2, relating to aggravated
sexual battery; |
| (l) |
A violation of
Code Section
16-8-41, relating to armed
robbery; |
| (m) |
A violation of Code
Section 30-5-8, relating to abuse,
neglect, or exploitation of a disabled adult or elder person; or |
| (n) |
Any other offense committed in another
jurisdiction that, if committed in this state, would be deemed to be a crime
listed in this paragraph without regard to its designation elsewhere. |
|
| (3) |
An owner with a valid outdoor
child placing agency license issued on or before June 30, 2007 shall be
required to obtain a criminal records check determination no later than
December 31, 2008.
| (a) |
An owner with a valid
outdoor child caring program license issued on or before June 30, 2007 who is
determined to have a criminal record for any of the crimes listed in Rule
.04(2)(a)-(n) above, shall not have the license revoked prior to a hearing
being held before a hearing officer pursuant to Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." |
| (b) |
An owner with a valid outdoor child
caring program license who acquires a criminal record as defined in Rule
.04(2)(a)-(n) above subsequent to the effective date of these rules shall
disclose the criminal record to the department. |
| (c) |
If at any time the department has reason
to believe an owner holding a valid license has a criminal record for any of
the crimes listed in Rule .04(2)(a)-(n) above, the department shall require
the owner to submit a records check application immediately for determination
of whether a revocation action is necessary. Prior to the revocation of the
license becoming final, the owner is entitled to an administrative hearing
unless the owner has not begun providing services under the license. Where
services are not currently being provided under the license, the decision of
the administrative hearing officer must precede the initiation of
services. |
|
| (4) |
Criminal
History Background Checks for Director and Employees Required. Prior to serving
as a director of a licensed outdoor child caring program, a person shall submit
a records check application and receive a satisfactory determination or be
determined eligible to serve as a director as a result of an administrative
hearing.
| (a) |
A person with an unsatisfactory
criminal history background check determination may not serve as a director of
a licensed outdoor child caring program if it is determined that such person
has a criminal record involving any of the following covered crimes:
| 1. |
Any felony under Georgia law; |
| 2. |
A violation of Code Section O.C.G.A. Sec.
16-4-1, relating to criminal
attempt when the crime attempted is any of the crimes specified by this
paragraph; |
| 3. |
A violation of Code
Section O.C.G.A. Sec.
16-5-23, relating to simple
battery; where the victim is a minor; |
| 4. |
A violation of Code Section O.C.G.A. Sec.
16-6-1et seq.,
relating to sexual offenses, excluding the offenses of bigamy or marrying a
bigamist; |
| 5. |
A violation of Code
Section O.C.G.A. Sec.
16-21-1, relating to contributing
to the delinquency of a minor; |
| 6. |
Any other offense committed in another jurisdiction that, if committed in this
state, would be deemed to be a crime listed in this paragraph without regard to
its designation elsewhere. |
|
| (b) |
Prior to serving as an employee other
than a director of a licensed outdoor child caring program, a person must
submit a preliminary record check application and receive a satisfactory
determination. Provided however, should there be an unsatisfactory
determination, the person must submit to a fingerprint record check and get a
satisfactory determination or be determined eligible to serve as an employee as
a result of an administrative hearing. |
| (c) |
A person with an unsatisfactory
background check determination may not serve as an employee of a licensed
outdoor child caring program if it is determined that such person has a
criminal record involving any of the covered crimes outlined in O.C.G.A. Secs.
16-4-1,
16-5-23,
16-6-1 and 16-21-1 and in Rule
.04(2)(a)1.-6. above. |
| (d) |
In lieu
of a records check application, a director or employee may submit evidence,
satisfactory to the department, that within the immediately preceding 12 months
the above personnel have received a satisfactory records check determination or
a satisfactory preliminary records check determination, whichever is
applicable. |
|
| (5) |
Personnel. In accordance with these rules and regulations, the outdoor child
caring program shall employ and provide training and supervision for an
adequate number of staff necessary to ensure the health and safety of the
campers in its care. |
| (6) |
Outdoor
Child Caring Programs shall have written job descriptions which specify what
duties employees are expected to perform. A copy of the job descriptions shall
be available to the employees and to the Department. |
| (7) |
The Administrator or Executive Director
shall have a masters degree from an accredited college or university and a
minimum of three years of increasingly responsible experience in the human
service, mental health or health care field, or a Bachelors Degree plus five
years experience in the field of child care, human services, mental health, at
least two of which includes supervisory and/or administrative
responsibility. |
| (8) |
The
Administrator shall be responsible for implementing the policies adopted by the
Governing Body, the on-going operation of the Outdoor Child Caring Program, and
compliance with the "Rules and Regulations for Outdoor Child Caring
Programs." |
| (9) |
The Administrator or
his/her designee shall be present and responsible for the operation of the camp
at all times. Staff on duty shall be made aware of the designated
person. |
| (10) |
There shall be an
effective written plan for staff supervision of the group sessions. The plan
shall include the line of supervision, support staff, their location and
accessibility. |
| (11) |
The staff
member with primary responsibility for planning, developing, implementing
service and Room Board and Watchful Oversight plans, supervising staff who
deliver the services, and developing in-service training shall have a master's
degree in psychology, social work, education or other related fields and
experience and/or training in working with children in an outdoor Child Caring
Program environment. |
| (12) |
Each
Outdoor Child Caring Program shall have a social service worker on
staff. |
| (13) |
The social service
worker shall have at least a Bachelor's Degree from an accredited college or
university. |
| (14) |
Each Outdoor Child
Caring Program shall employ or contract with an adequate number of qualified
and trained staff who provide room, board and watchful oversight appropriate to
the types of children being served. |
| (15) |
The Outdoor Child Caring Program s shall
arrange for the provision of professional services e.g., physicians, dentists,
psychiatrists, psychologists, teachers, nurses, recreational therapists and
other specialists according to the requirements of the Medicaid Rehabilitation
Option Network. |
| (16) |
The Outdoor
Child Caring Program shall have staff coverage throughout the 24-hour period.
| (a) |
The Outdoor Child Caring Program shall
have sufficient numbers of qualified and trained staff as required by these
rules to provide for the needs, care, protection, supervision and room, board
and watchful oversight of children. All staff and volunteers shall be
supervised to ensure that assigned duties are performed adequately and to
protect the health, safety and well-being of the children in care. |
| (b) |
Supervisory staff shall be accessible to
campers and to child care staff 24 hours per day. All staff and volunteers
shall be supervised to ensure that assigned duties are performed adequately and
to protect the health, safety and well-being of the campers in care. |
| (c) |
If volunteers are used as a supplement to
child care staff, they shall meet the same requirements as the regular child
care staff. |
| (d) |
Teachers who
supervise campers' activities may be included in the provision of watchful
oversight during the time they are responsible for a group. |
|
| (17) |
Child care staff or
supervisory staff shall be available at all times so that no group will be
without appropriate supervision. |
| (18) |
Tasks which conflict or interfere with
their child care responsibilities shall not be assigned to child care staff.
Job descriptions and staff assignments shall show no conflicts in assignments
to child care staff. |
| (19) |
The
personal qualifications of employees shall be verified including a satisfactory
criminal history background check completed in accordance with O.C.G.A. Sec.
49-5-60et seq.
and a ten-year employment history. Verification of educational
qualifications shall include documentation of a high school diploma or official
transcripts from an accredited institution of higher learning.
| (a) |
At least three references shall be
obtained for each potential employee prior to employment. Information obtained
from the references shall be written and filed whether the interview is
conducted in person or by telephone. References should attest to
the person's capabilities of performing the duties for which they are employed
and to the person's suitability of working with the types of children served by
the camp. |
| (b) |
Each employee shall
submit an oral or written statement to the facility at the time of application
that they have never been shown by credible evidence (such as a decision of a
court or jury, or a department investigation or other reliable evidence) to
have abused, neglected, sexually exploited, or deprived a child or adult or to
have subjected any person to serious injury as a result of intentional or
grossly serious injury as a result of intentional or grossly negligent
misconduct. |
|
| (20) |
Child
care staff shall be at least four years older than the oldest child in their
group, have a high school education or an equivalency and experience in working
with children in a group setting. Former campers employed as staff shall be at
least 21 years of age. |
| (21) |
In
addition to the initial orientation, including training on the facility's
policies and procedures pertaining to behavior management techniques and
emergency safety interventions, all staff working with campers shall receive
annually at least 40 hours of in-service training related to children's service
needs in a primitive environment. In-service training for staff working with
campers shall be documented. This shall include the date, the subject, and name
of the person who conducted the training. |
| (22) |
Training in first aid and C.P.R. shall
be required within 90 days of employment for all child care staff who are not
licensed/certified health professionals.
| (a) |
Training shall be certified by a Red Cross instructor or a licensed/certified
health professional. |
| (b) |
First aid
training shall be updated at least every three years. Certificates or
statements of training shall document that training has been updated. |
|
| (23) |
All child care staff shall
have training by certified staff in water safety and lifesaving
techniques. |
| (24) |
A specialist
trained in the particular activity shall supervise the participation of the
campers in high risk activities such as rock climbing, canoeing, caving,
etc. |
| (25) |
Personnel records shall
be maintained for each employee of the outdoor child caring program. These
records shall contain as a minimum the following information:
| (a) |
Identifying information such as name,
address, telephone number, and emergency contact person(s); |
| (b) |
Qualifications for the
position; |
| (c) |
Date, name of
contact, and information received from pre-employment references; |
| (e) |
Verification of training, including dates
of all such training; |
| (f) |
Annual
reports of performance, including all records of employee discipline arising
from the inappropriate use of behavior management techniques and emergency
safety interventions; |
| (g) |
Criminal
history background check determination; |
| (h) |
Date and reason for separation;
and |
| (i) |
Forwarding address of
separated employees. |
|
| (1) |
The Outdoor Child Caring Program shall
admit only those campers for whom it has a program designed to meet the
particular needs of the camper and who meet the admission policies.
| (a) |
The Outdoor Child Caring Program shall
provide information to the custodian about the services, environment, age
ranges and behavioral characteristics of the other children in placement prior
to admission. |
| (b) |
The Outdoor Child
Caring Program shall maintain signed documentation from the custodian that they
have received and considered the information provided in Rule .05(1)(a) above
and have determined that the placement environment is appropriate and does not
represent an undue risk to the health and safety of the child or children being
placed. |
| (c) |
The Outdoor Child
Caring Program shall have written admission policies which specify the age,
sex, and types of needs of campers for which the camp is qualified by staff,
program and equipment to meet. |
| (d) |
The Outdoor Child Caring Program shall apply to the Department for a new
license prior to a change in the admission policies which would require a
change in the conditions of the license. |
|
| (2) |
An Outdoor Child Caring Program shall not
accept more campers than is specified on the license, or campers whose age and
sex are inconsistent with the conditions of the license. |
| (3) |
Children under 8 years of age shall not
be accepted for care in an Outdoor Child Caring Program. |
| (4) |
The Outdoor Child Caring Program shall
not admit a camper who has not had a medical examination by a licensed
physician within 30 days prior to admission. The report of the examination
shall include an explanation of any known problem or potential problem, the
prescribed medical treatment and any recommendations for future care and
examinations and a statement to the effect that the conditions are not
incompatible with the rigors of the Outdoor Child Caring Program environment.
The prescribed medical treatment and recommendations for future care shall be
incorporated into the camper's service plan. |
| (5) |
Campers shall have had a dental
examination by a licensed dentist within the six months prior to admission.
Dental treatment shall be provided as recommended by the examining
dentist. |
| (6) |
The Outdoor Child
Caring Program shall not accept a camper for care until a psychological or
psychiatric evaluation and an intake study has been made and based on an
analysis and recommendation of the social service worker with approval of the
Administrator has determined that the placement meets the needs and best
interests of the camper. |
| (7) |
The
intake study shall be prepared by the social service worker and shall be
maintained in the Camper's record. The study shall include a summary of at
least the following information:
| (a) |
Current
(within 1 year) evaluation by a licensed psychiatrist or psychologist
authorized as a Medicaid Rehabilitation Option Provider, Community Resources
provider, or other privately licensed psychiatrist or psychologist; |
| (b) |
A description of family relationships and
the circumstances that make the placement necessary; |
| (c) |
The camper's developmental
history; |
| (d) |
The parents' or
placement agency's expectation of placement; |
| (e) |
The camper's understanding of
placement; |
| (f) |
A description of the
camper's personality, behavior, and interests; |
| (g) |
The camper's school history; |
| (h) |
History of previous placements; |
| (i) |
A statement about the camper's legal
status; |
| (j) |
A statement of the
camper's room, board and watchful oversight needs; |
| (k) |
The immediate and long-range goals of
placement; |
| (l) |
The name of the
family member or the placement agency who will be responsible for the
relationship with the Outdoor Child Caring Program and the camper; |
| (m) |
Medical/dental history; |
| (n) |
Religious preference; and |
| (o) |
List of friends or others that may be
permitted to visit with the camper if approved by the facility; |
|
| (8) |
The intake process shall
include a discussion about placement with the camper and his or her parents or
Placement Agency. It shall include a visit to the Camp. |
| (9) |
At the time of placement a written
agreement shall be made between the Outdoor Child Caring Program, the camper
and the camper's parents or placement agency. A copy of this agreement shall be
in the camper's record. The agreement shall as a minimum include:
| (a) |
Authorization to care for the
camper; |
| (b) |
A medical consent form
signed by a person authorized to give consent; |
| (c) |
Consent for camper to participate in
trips or special activities; |
| (d) |
General goals and expectations for the camper's individual service
plan; |
| (e) |
Written financial
agreement including responsibility for medical, dental, clothing and other
special needs; and |
| (f) |
Provision
for notification of parents or placement agency in the event of unauthorized
absences, medical or dental problems and any other significant event regarding
the child, including the use of emergency safety interventions. |
|
| (10) |
Before admission, or at the
time of admission, the Outdoor Child Caring Program shall provide written
material to the camper's parents or placement agency which specifies:
| (a) |
Rules regarding visits, mail, gifts, and
telephone calls; |
| (b) |
Information on
the nature and frequency of reports to the camper's parents or the Supervisory
staff shall be accessible to campers and to child care staff 24 hours per day.
All placement agency staff and volunteers shall be supervised to ensure that
assigned duties are performed adequately and to protect the health, safety and
well-being of the campers in care. |
| (c) |
The facility's policy concerning behavior
management and emergency safety interventions; |
| (d) |
The facility's policy or program
concerning religious training; |
| (e) |
The name of the person or office that parents or the placement agency can
contact if they feel their child's rights have been violated; |
| (f) |
Information regarding trips or special
activities; and |
| (g) |
If the Outdoor
Child Caring Program has a school program, information concerning its
accreditation, approval or lack thereof. |
|
| (11) |
The Outdoor Child Caring Program shall
provide orientation for new campers. |
| (12) |
The Outdoor Child Caring Program shall
comply with the Interstate Compact on the Placement of Children, O.C.G.A.
Chapter 39-4, when admitting children from another state. |
| (1) |
Within 30 days of admission, an
individual service plan shall be developed by camp staff, the camper and his
parents or placement agency. The plan shall be filed in the camper's case
record with copies or a summary being made available to the camper's parents or
placement agency. |
| (2) |
The service
plan shall:
| (a) |
specify the camper's needs
and the way these needs shall be met; |
| (b) |
include the objectives of placement and
the estimated length of stay, daily individual and group activities to achieve
the objectives; |
| (c) |
be utilized by
staff members working with the camper; |
| (d) |
provide for the social and educational
needs of the camper; |
| (e) |
provide
for the coordination of specialized services that will be delivered by the
Medicaid Rehabilitation Option Provider and measures for insuring their
integration with the child's ongoing service plan; |
| (f) |
provide for meeting the medical needs of
the camper; |
| (g) |
specify the degree
of the family's involvement. |
|
| (3) |
There shall be a staffing conference at
least every three months for the purpose of reviewing and assessing progress
toward meeting the goals of the service and room, board and watchful oversight
plan. The camper shall be included in the conference. Results of the conference
shall be filed in the camper's record. |
| (4) |
A case review conference with the camper,
parents and/or placement agency shall be conducted at least every 6
months. |
| (5) |
Counseling and/or other
social services are an integral part of the camper's service plan.
Implementation of these services shall be in accordance to the camper's
individual service plan and shall be provided by the Medicaid Rehabilitation
Option Network. |
| (6) |
The Outdoor
Child Caring Program shall obtain professional consultation and treatment for
campers with special needs. When these services are obtained, they shall be
documented in the camper's case record. |
| (7) |
Information and statements from mental
health professionals (psychiatrists, psychologists, social workers, etc.) shall
be utilized in the assessment, service planning, and implementation of the plan
and monitoring of the progress of the camper. |
| (8) |
Discharge Planning.
At least one month prior to planned discharge, except in
cases of emergency discharges, an Outdoor Child Caring Program shall formulate
an aftercare plan that identifies the supports and resources that the camper
and camper's family are expected to need following discharge. When a camper is
being discharged for placement in another institution or similar program, the
receiving institution or program, except in cases of emergency discharges,
shall be given at least thirty days notice of the proposed date of placement. A
copy of the completed discharge summary shall be sent to the camper's parent
(s) or guardian(s), or placement agency representative via e-mail, fax or mail.
(Documentation should be kept in camper's file, to show summary was
sent.)
|
| (1) |
A daily schedule shall be developed to
meet Campers' needs. |
| (2) |
All staff
having witnessed or having knowledge of a significant event for a Camper shall
report such to the supervisor orally as soon as possible and in writing within
24 hours. |
| (3) |
The Outdoor Child
Caring Program shall see that each Camper is supplied with personal clothing
suitable to the camper's age and size and the season. |
| (4) |
Campers shall be given training in habits
of personal care, hygiene, and grooming. Each camper shall be supplied with
personal care, hygiene, and grooming equipment. |
| (5) |
Money earned by a camper or received as a
gift or allowance shall be the Camper's personal property. A camper's money may
be deposited with the Camp office but shall be accounted for separately from
the Camp's funds. |
| (6) |
A camper
shall not be required to use earned money to pay for room and board unless it
is part of the service plan and is approved by the parent or placement agency
and the director of the program. |
| (7) |
Campers shall be provided food of
adequate quality and in sufficient quantity to supply the nutrients needed for
growth and development.
| (a) |
"Food for Fitness
- A Daily Food Guide," developed by the United States Department of
Agriculture, shall be used as a basis for meeting these requirements. |
| (b) |
Campers shall have a minimum of three
meals available daily and snacks. |
| (c) |
Menus, as served, shall be retained on
file for one month after use. |
| (d) |
No more than 14 hours shall pass between the last meal or snack of one day and
the serving of the first meal of the following day. |
|
| (1) |
The staff of the Outdoor Child Caring
Program shall allow privacy as needs indicate for each camper. |
| (2) |
Campers shall have access to a quiet,
private area where they can withdraw from the group when appropriate. |
| (3) |
Termination of contacts between the
camper and his or her family shall not be allowed while the camper is in care
unless the rights of the parents have been terminated by court order or it has
been determined by the placement agency that family contact is not in the
camper's best interest. The frequency and nature of contact shall be based on
the needs of the camper, and shall be determined with the participation of the
camper, his or her family or placement agency and Outdoor Child Caring Program
staff. Any limitations shall be filed in the camper's case record. Restriction
of a contact shall be based on a determination by the staff along with any
additional information from the Medicaid Rehabilitation Option Provider that
due to the nature of the circumstances at that time that particular contact is
not in the best interest of the camper. Reasons for the restrictions shall be
shared with the Camper and the family and documented in the camper's
record. |
| (4) |
The Outdoor Child
Caring Program shall have clearly written policies regarding visits, gifts,
mail, and telephone calls between the camper and his or her family or placement
agency. |
| (5) |
A camper shall be
allowed to bring personal possessions to the Outdoor Child Caring Program and
to acquire possessions. Limits put on the kind of possessions a camper may or
may not bring or receive shall be applied equally to all Campers, shall be
discussed with the camper and his or her parents or placement agency and shall
be documented in the camper's record. |
| (6) |
The Outdoor Child Caring Program shall
not place a camper in a position of having to acknowledge his or her
dependency, destitution, or neglect. The Outdoor Child Caring Program shall not
require the camper to make public statements about his or her background or
dependence on the Camp, to publicly acknowledge gratitude to the Camp or to
perform at public gatherings. |
| (7) |
Pictures, reports, or identification that humiliate, exploit, or invade the
privacy of a camper or his or her family or Placement Agency shall not be made
public. The Outdoor Child Caring Program shall not use reports or pictures from
which campers can be identified without written consent from the camper and the
parents or placement agency. |
| (8) |
The opinions and recommendations of the campers shall be considered in the
development and evaluation of the camping program and activities. |
| (9) |
The Outdoor Child Caring Program shall
have clearly written policies for the behavior management of campers. Copies
shall be available to staff and campers. |
| (10) |
Discipline shall be consistent with the
policies of the Outdoor Child Caring Program and shall not be physically or
emotionally damaging. |
| (11) |
Staff
members shall be responsible for all behavior management of campers. |
| (1) |
Behavior
Management.
| (a) |
The Outdoor Child Caring
Program shall develop and implement policies and procedures on behavior
management. Such policies and procedures shall set forth the types of children
served in accordance with its program purpose, the anticipated behavioral
problems of the children, and acceptable methods of managing such
problems. |
| (b) |
Such Behavior
management policies and procedures shall incorporate the following minimum
requirements:
| 1. |
Behavior management
principles and techniques shall be used in accordance with the individual
service plan and written policies and procedures governing service
expectations, service plan goals, safety, security, and these rules and
regulations. |
| 2. |
Behavior management
shall be limited to the least restrictive appropriate method, as described in
the camper's service plan and in accordance with the prohibitions as specified
in these rules and regulations. |
|
| (c) |
The following forms of behavior
management shall not be used:
| 1. |
Assignment
of excessive or unreasonable work tasks; |
| 2. |
Denial of meals and hydration; |
| 4. |
Denial of shelter, clothing, or essential
personal needs; |
| 5. |
Denial of
essential program services; |
| 6. |
Verbal abuse, ridicule, or humiliation; |
| 7. |
Restraint, manual holds, and seclusion
used as a means of coercion, discipline, convenience, or retaliation; |
| 8. |
Denial of communication and visits unless
restricted in accordance with Rule .08(3); |
| 9. |
Corporal punishment; and |
| 10. |
Seclusion not used appropriately as an
emergency safety intervention. |
|
| (d) |
Campers shall not be permitted to
participate in the behavior management of other campers or to discipline other
campers. |
| (e) |
Outdoor Child Caring
Programs shall submit to the Department electronically or by facsimile a report
within 24 hours whenever an unusual incident occurs regarding behavior
management, including any injury requiring medical treatment beyond first aid
that is received by a camper as a result of any behavior management. |
| (f) |
All forms of behavior management used by
direct care staff shall also be documented in case records in order to ensure
that such records reflect behavior management problems. |
|
| (2) |
Emergency Safety Interventions.
| (a) |
Emergency safety interventions may be
used only by staff trained in the proper use of such interventions when a
camper exhibits a dangerous behavior reasonably expected to lead to immediate
physical harm to the camper or others and less restrictive means of dealing
with the injurious behavior have not proven successful or may subject the
camper or others to greater risk of injury. |
| (b) |
Emergency safety interventions shall not
include the use of any restraint or manual hold that would potentially impair
the camper's ability to breathe or has been determined to be inappropriate for
use on a particular camper due to a documented medical or psychological
condition. |
| (c) |
The institution
shall have written policies and procedures for the use of emergency safety
interventions, a copy of which shall be provided to and discussed with each
camper and the camper's parents and/or legal guardians prior to or at the time
of admission. Emergency safety interventions policies and procedures shall
include:
| 1. |
Provisions for the documentation
of an assessment at admission and at each annual exam by the camper's
physician, a physician's assistant, or a registered nurse with advanced
training working under the direction of a physician, or a public health
department that states there are no medical issues that would be incompatible
with the appropriate use of emergency safety interventions on that camper. Such
assessment and documentation must be re-evaluated following any significant
change in the camper's medical condition; and |
| 2. |
Provisions for the documentation of each
use of an emergency safety intervention including:
| (i) |
Date and description of the precipitating
incident; |
| (ii) |
Description of the
de-escalation techniques used prior to the emergency safety intervention, if
applicable; |
| (iii) |
Environmental
considerations; |
| (iv) |
Names of staff
participating in the emergency safety intervention; |
| (v) |
Any witnesses to the precipitating
incident and subsequent intervention; |
| (vi) |
Exact emergency safety intervention
used; |
| (vii) |
Documentation of the 15
minute interval visual monitoring of a child in seclusion; |
| (viii) |
Beginning and ending time of the
intervention; |
| (ix) |
Outcome of the
intervention; |
| (x) |
Detailed
description of any injury arising from the incident or intervention;
and |
| (xi) |
Summary of any medical
care provided. |
|
| 3. |
Provisions for prohibiting manual hold use by any employee not trained in
prevention and use of emergency safety interventions. |
|
| (d) |
Emergency safety interventions or the use
of physical restraint may be used to prevent runaways only when the child
presents an imminent threat of physical harm to self or others, or as specified
in the individual service and room, board and watchful oversight
plan. |
| (e) |
Facility staff shall be
aware of each camper's medical and psychological conditions, as evidenced by
written acknowledgement of such awareness, to ensure that the emergency safety
intervention that is utilized does not pose any undue danger to the physical or
mental health of the camper. |
| (f) |
Campers shall not be allowed to participate in the emergency safety
intervention of another camper. |
| (g) |
Immediately following the conclusion of the emergency safety intervention and
hourly thereafter for a period of at least four hours where the camper is with
a staff member, the camper's behavior will be assessed, monitored, and
documented to ensure that the camper does not appear to be exhibiting symptoms
that would be associated with an injury. Authority O.C.G.A. Secs.
49-5-8 and
49-5-12. |
| (h) |
At a minimum, the emergency safety
intervention program that is utilized shall include the following:
| 1. |
Techniques for de-escalating problem
behavior including camper and staff debriefings; |
| 2. |
Appropriate use of emergency safety
interventions; |
| 3. |
Recognizing
aggressive behavior that may be related to a medical condition; |
| 4. |
Awareness of physiological impact of a
restraint on the camper; |
| 5. |
Recognizing signs and symptoms of positional and compression asphyxia and
restraint associated cardiac arrest; |
| 6. |
Instructions as to how to monitor the
breathing, verbal responsiveness, and motor control of a camper who is the
subject of an emergency safety intervention; |
| 7. |
Appropriate self-protection
techniques; |
| 8. |
Policies and
procedures relating to using manual holds, including the prohibition of any
technique that would potentially impair a camper's ability to
breathe; |
| 9. |
Camp policies and
reporting requirements; |
| 10. |
Alternatives to restraint; |
| 11. |
Avoiding power struggles; |
| 12. |
Escape and evasion techniques; |
| 13. |
Time limits for the use of restraint and seclusion; |
| 14. |
Process for obtaining approval for
continual restraints and seclusion; |
| 15. |
Procedures to address problematic
restraints; |
| 17. |
Investigation of
injuries and complaints; |
| 18. |
Monitoring physical signs of distress and obtaining medical assistance;
and |
|
| (i) |
Emergency safety intervention
training shall be in addition to the annual training required in Rule .04(16) and shall be documented in the staff member's personnel record. |
| (j) |
All actions taken that involve utilizing
an emergency safety intervention shall be recorded in the camper's case record
showing the cause for the emergency safety intervention, the emergency safety
intervention used, and, if needed, approval by the director, the staff member
in charge of casework services, and the physician who has responsibility for
the diagnosis and treatment of the camper's behavior. |
| (k) |
Outdoor Child Caring Program shall submit
to the Department electronically or by facsimile a report in a format
acceptable to the Department within 24 hours whenever an unusual incident
occurs regarding emergency safety interventions, including:
| 1. |
Any injury requiring medical treatment
beyond first aid that is received by a camper as a result of any e mergency
safety intervention; |
| 2. |
For any
Outdoor Child Caring Program with a licensed capacity of 20 residents or more,
any 30-day period in which three or more instances of emergency safety
interventions of a specific camper occurred and/or whenever the Outdoor Child
Caring Program has had a total of 10 emergency safety interventions for all
campers in care within the 30-day period; and |
| 3. |
For any Outdoor Child Caring Program with
a licensed capacity of less than 20 residents, any 30-day period in which three
or more instances of emergency safety interventions of a specific camper
occurred and/or whenever the Outdoor Child Caring Program has had a total of
five instances for all campers in care within the 30-day period. |
|
| (l) |
Outdoor Child Caring Program
shall submit a written report to the program's director on the use of any
emergency safety intervention immediately after the conclusion of the
intervention and shall further notify the camper's parents or legal guardians
regarding the use of the intervention. A copy of such report shall be
maintained in the camper's file. |
| (m) |
At least once per quarter, the
institution, utilizing a master agency restraint log and the camper's case
record, shall review the use of all emergency safety interventions for each
camper and staff member, including the type of intervention used and the length
of time of each use, to determine whether there was a clinical basis for the
intervention, whether the use of the emergency safety intervention was
warranted, whether any alternatives were considered or employed, the
effectiveness of the intervention or alternative, and the need for additional
training. Written documentation of all such reviews shall be maintained. Where
the Outdoor Child Caring Program identifies opportunities for improvement as a
result of such reviews or otherwise, the Outdoor Child Caring Program shall
implement these changes through an effective quality improvement
plan. |
| (n) |
No later than January 1,
2007 and ongoing thereafter, all direct care staff who may be involved in the
use of emergency safety interventions, shall have evidence of having
satisfactorily completed a nationally recognized training program for emergency
safety interventions to protect residents and others from injury, which has
been approved by the Department and taught by an appropriately certified
trainer in such program. |
| (o) |
Manual
Holds.
| 1. |
Emergency safety interventions
utilizing manual holds require at least one trained staff member to carry out
the hold. Emergency safety interventions utilizing prone restraints require at
least two trained staff members to carry out the hold. |
| 2. |
Emergency safety interventions shall not
include the use of any restraint or manual hold that would potentially impair
the camper's ability to breathe or has been determined to be inappropriate for
use on a particular camper due to a documented medical or psychological
condition. |
| 3. |
When a manual hold is
used upon any camper whose primary mode of communication is sign language, the
camper shall be permitted to have his or her hands free from restraint for
brief periods during the intervention, except when such freedom may result in
physical harm to the camper or others. |
| 4. |
If the use of a manual hold exceeds 15
consecutive minutes, the facility director or his or her designee, who
possesses at least the qualifications of the director and has been fully
trained in the facility's emergency safety intervention plan, shall be
contacted by a two-way communications device or in person and determine that
the continuation of the manual hold is appropriate under the circumstances.
Documentation of any consultations and outcomes shall be maintained for each
application of a manual hold that exceeds 15 minutes. Manual holds shall not be
permitted to continue if the restraint is determined to pose an undue risk to
the camper's health given the camper's physical or mental condition. |
| 5. |
A manual hold may not continue for more
than 30 minutes at any one time without the consultation as specified in
subparagraph (2) of this subparagraph, and under no circumstances may a manual
hold be used for more than one hour total within a 24-hour period. |
| 6. |
If the use of a manual hold on a camper
reaches a total of one hour within a 24-hour period, the staff shall reconsider
alternative strategies, document same, and consider notifying the authorities
or transporting the camper to a hospital or mental health facility for
evaluation. |
| 7. |
The camper's
breathing, verbal responsiveness, and motor control shall be continuously
monitored during any manual hold. Written summaries of the monitoring by a
trained staff member not currently directly involved in the manual hold shall
be recorded every 15 minutes during the duration of the restraint. If only one
trained staff member is involved in the restraint and no other staff member is
available, written summaries of the monitoring of the manual hold shall be
recorded as soon as is practicable, but no later than one hour after the
conclusion of the restraint. |
|
| (p) |
Seclusion.
| 1. |
If used, seclusion procedures in excess of
thirty (30) minutes must be approved by the director or designee. No child
shall be placed in a seclusion room or area in excess of one (1) hour within
any twenty-four (24) hour period without obtaining authorization for continuing
such seclusion from the child's physician, psychiatrist, or licensed
psychologist and documenting such authorization in the child's
record. |
| 2. |
A seclusion room or area
shall only be used if a camper is in danger of harming himself or herself or
others. |
| 3. |
A camper placed in a
seclusion room or area shall be visually monitored at least every 15 minutes.
|
| 4. |
A room or area used for the
purposes of seclusion must meet the following criteria:
| (i) |
The room or area shall be constructed and
used in such ways that the risk of harm to the camper is minimized; |
| (ii) |
The room or area shall be equipped with
a viewing window on the door so that staff can monitor the child; |
| (iii) |
The room or area shall be lighted and
well-ventilated; |
| (iv) |
The room or
area shall be a minimum fifty (50) square feet in area; and |
| (v) |
The room or area must be free of any item
that may be used by the camper to cause physical harm to himself/herself or
others. |
|
| 5. |
No more than
one camper shall be placed in the seclusion room or area at a time. |
| 6. |
A seclusion room or area monitoring log
shall be maintained and used to record the following information:
| (i) |
Name of the secluded camper; |
| (ii) |
Reason for camper's seclusion; |
| (iii) |
Time of camper's placement in the
seclusion room or area; |
| (iv) |
Name
and signature of the staff member that conducted visual monitoring;
and |
| (v) |
Time of the camper's
removal from the seclusion room or area. |
|
|
|
| (1) |
The Outdoor Child Caring Program shall
have written policies and procedures for obtaining diagnosis and treatment of
medical and dental problems.
| (a) |
The Outdoor
Child Caring Program shall have a written agreement with external physicians,
dentists and other health care providers for medical emergencies and routine
medical care. |
| (b) |
The Outdoor Child
Caring Program shall instruct all staff members in the policies and procedures
to be followed in an emergency. |
|
| (2) |
All campers shall be examined annually by
a licensed physicianwith an initial physical examination documented at least 30
days before being admitted to the camp. |
| (3) |
Facilities for medical isolation shall be
available on the premises of the Outdoor Child Caring Program or at a facility
recommended by a physician. No person with a contagious disease shall remain in
the group during the contagious period. |
| (4) |
All campers shall have a dental
examination by a licensed dentist or a dental hygienist working under the
supervision of a licensed dentist at least once every 6 months. |
| (5) |
The Outdoor Child Caring Program shall
comply with laws, rules, and regulations regarding immunization. |
| (6) |
The Outdoor Child Caring Program shall
comply with laws, rules, and regulations for acquiring, storing, and
administering medication.
| (a) |
Medicines shall
be contained in a locked cabinet or metal box at the Outdoor Child Caring
Program. |
| (b) |
The medicine cabinet
or box shall have a separate compartment for storing poisons and drugs for
external use only. |
| (c) |
The Outdoor
Child Caring Program shall develop and implement policies and procedures for
the appropriate use and management of all types of medications. All direct care
Outdoor Child Caring Program staff shall receive orientation on the policies
and procedures. Such policies and procedures shall include the
following |
| (d) |
Non-prescription
medications. No camper shall be given a nonprescription medication by staff
members of the Outdoor Child Caring Program unless the child exhibits symptoms
that the medication is designed to relieve. |
| (e) |
Prescription medications. No camper shall
be given a prescription medication unless the medication is prescribed for the
camper by an authorized health care professional. |
| (f) |
Prescription medications shall only be
given to a camper as ordered in the camper's prescription. An institution shall
not permit medications prescribed for one camper to be given to any other
camper. |
| (g) |
A camper's attending
physician shall be notified in cases of dosage errors, drug reactions, or if
the prescription medication does not appear to be effective. This information
will be documented on the back of the Medication Administrative
Record. |
| (h) |
Psychotropic
medications. No camper shall be given psychotropic medications unless use is in
accordance with the goals and objectives of the camper's service plan.
Psychotropic medications must be prescribed by a physician who has
responsibility for the diagnosis and treatment of the camper's conditions that
necessitate such medication. Continued use of psychotropic medications shall be
reviewed by the prescribing physician every sixty days. |
| (i) |
An Outdoor Child Caring Program shall
designate and authorize classes of staff, such as Outdoor Child Caring Program
Staff, to handout medications and supervise the taking of medications. Only
designated and authorized staff shall handout and supervise the taking of
medication. Staff will ensure medication has been taken and campers are not
sharing medication. If designated and/or authorized staff makes 3 medicine
errors in 1 month's time, staff will need to repeat the course before being
able to hand out medications. Course curriculum shall be available to the
Department and copy of the test kept in the employee's file. |
| (j) |
An Outdoor Child Caring Program shall
maintain a record of all medications handed out by authorized staff and taken
by camper to include: name of camper taking medication, name of prescribing
physician and date of prescription (if the medication is prescription or
psychotropic), required dosage, date and time taken, dosage taken, and name and
signature of staff member that handed out and supervised the taking of
medication. No blanks shall be left on the Medication Administrative Record, if
the camper is away this absence is to be documented on the MAR. |
| (k) |
All expired medications shall be
discarded and not handed out for use. |
|
| (7) |
First aid supplies shall be available and
administered by a trained staff member. If campers are away from the camp
during the time they need to take their medication or over twenty-hours, Camp
staff shall keep medicines locked in the daypack and kept on the staff person
who is responsible and trained to give medication. |
| (8) |
Persons administering medication shall
have received appropriate training from a licensed/certified health
professional. Documentation of training shall be filed in the individual's
personnel record. Medication records shall include the medication given, the
time, the dosage, and the name of the person administering the
medication. |
| (9) |
Policies and
procedures for dealing with medical emergencies such as bee stings, multiple
insect bites, snake bites, hypothermia, etc. shall be developed. Staff shall be
instructed as to their individual responsibilities and action to be
taken. |
| (10) |
Staff shall inquire of
each camper on a daily basis as to signs of illness, fever, rashes, bruises and
injuries and shall provide or make arrangements for follow-up care as the
camper's condition may require and document such actions until the condition is
resolved. |
| (1) |
The Outdoor
Child Caring Program shall ensure that each child attends an appropriate
educational program (regular, special education or vocational education)
designed to meet his/her educational need. |
| (2) |
Prior to or upon admission an Individual
Education Plan shall be developed by the Camp staff, Camper, parent or
Placement Agency and a certified teacher. The I.E.P. shall be incorporated in
the Camper's individual service plan. |
| (3) |
The I.E.P. shall conform with the State
Standards and shall be updated annually. |
| (4) |
Certified teachers shall be used for
on-site schools. |
| (1) |
Each Camp shall maintain a permanent
register with identifying information of all children accepted for service. In
addition to other required documentation, each camper's record shall include:
| (f) |
Names, addresses and phone numbers of
parents, brothers, and sisters. |
| (g) |
Names, addresses and phone numbers of other persons who have a significant
relationship with the child. |
| (h) |
Name, address and phone number of an emergency contact. |
| (j) |
Birth Certificate or other document which
establishes identity, if required for enrollment in public school. |
| (k) |
A copy of the intake study. |
| (n) |
Documentation of case reviews and updates
of service plan. |
| (o) |
Health records
of immunizations, examinations, treatments recommended and received. |
| (p) |
Reports of significant events occurring
during time camper was receiving care. |
| (q) |
Discharge data including date and to whom
discharged. |
|
| (2) |
The Camp
shall ensure that case records are kept confidential and inaccessible to
unauthorized persons, safe from fire, damage or theft. |
| (1) |
The following
persons shall be involved in planning the discharge of a camper from the
Outdoor Child Caring Program:
| (b) |
The camper's parents or
placement agency, |
| (c) |
Outdoor Child
Caring Program staff. |
|
| (2) |
The name, address, and relationship of
the person to whom the camper is discharged shall be recorded. |
| (3) |
If, in the event of an emergency
discharge, the Outdoor Child Caring Program is unable to plan for the discharge
with the persons listed in these rules, the Outdoor Child Caring Program shall
document circumstances surrounding the emergency discharge in the camper's
record. Parents and placement agencies shall be advised of the policies related
to emergency discharge prior to admission of a camper. |
| (4) |
The Outdoor Child Caring Program shall
not discharge a camper to any one other than the parent or placement agency or
an order from a court of competent jurisdiction. |
| (1) |
Camps shall have access to a minimum of
10 acres per camper for the first 50 campers with an additional 5 acres per
camper for each additional camper. Housing sites shall be located so as to
provide visual separation of the groups. |
| (2) |
Housing sites shall not be subject to or
in proximity to conditions that create or are likely to create offensive odors,
flies, noise, traffic or any similar hazards. |
| (3) |
All camp sites shall be well drained and
free from depressions in which water may stand. Natural sinkholes, pools,
swamps or other surface collectors of water within 200 feet of the periphery of
the camp shall be either drained or filled to remove the still surface water.
Mosquito breeding shall be prevented in such areas containing water not subject
to such drainage or filling. |
| (4) |
Grounds within the housing site shall be free from debris, noxious plants
(poison ivy, etc.) and uncontrolled weeds or brush. |
| (5) |
The housing site shall provide a space
for recreation reasonably related to the size of the program and the type of
occupancy. |
| (6) |
Water shall be
supplied from an approved public supply if available; if not available, the
private system shall comply with Rules and Regulations for Water Supply Quality
Control of the Georgia Department of Natural Resources. |
| (7) |
The use of a common drinking cup shall
not be permitted. |
| (8) |
No tile or
concrete sanitary sewers or septic tanks shall be allowed within a distance of
fifty (50) feet, and no cesspool or septic tank open-jointed drain fields shall
be allowed within a distance of one-hundred fifty (150) feet of the private
water supply. |
| (9) |
Adequate and safe
sewerage facilities with flush toilets shall be provided if water supply is
available. Public sewers, subsurface septic tank-seepage system or other type
of liquid waste treatment and disposal system shall be provided. Raw or treated
liquid waste shall not be discharged or allowed to accumulate on the ground
surface. |
| (10) |
Where water supply is
not available, sanitary type privies or portable toilets shall be provided. All
such facilities shall be constructed as required by the Department. Privies, if
provided, shall be maintained so as to prevent access of flies and animals to
the contents therein, to prevent fly breeding and to prevent contamination of
water supply. |
| (11) |
All facilities
provided for excreta and liquid waste disposal shall be maintained and operated
in a sanitary manner to eliminate possible health or pollution
hazards. |
| (12) |
Water closets or
privy seats for each sex shall be in the ratio of not less than one such unit
for each fifteen (15) occupants, with a minimum of one (1) unit for each sex in
common use facilities. |
| (13) |
Separate toilet accommodations for males and females shall be provided in
common use areas. Toilets shall be distinctly marked "Male" and
"Female." |
| (14) |
Housing shall be
structurally sound, in good repair, maintained in a sanitary condition and
shall provide protection to the occupants against the elements. |
| (15) |
Housing shall have flooring constructed
of rigid materials, smooth finished, readily cleanable and so located as to
prevent the entrance of ground and surface water. |
| (16) |
A balcony, upper story, attic or loft
shall not be used for sleeping or group assembly. |
| (17) |
All outside openings in kitchen and
dining rooms shall be protected with screening of 16 mesh or less. |
| (18) |
All screen doors shall be tight, in good
repair and equipped with self-closing devices. |
| (19) |
All living quarters and service rooms
shall be provided with properly installed, operable heating equipment capable
of maintaining a temperature of at least 50° Fahrenheit if during the
period of normal occupancy the temperature in such quarters falls below 50°
Fahrenheit. |
| (20) |
Any stoves or
other sources of heat utilizing combustible fuel shall be installed and vented
in such a manner as to prevent fire hazards and a dangerous concentration of
gases. No portable heaters other than those operated by electricity shall be
provided in sleeping areas. If a solid or liquid fuel stove is used in a room
with wooden or other combustible flooring, there shall be a concrete slab,
insulated metal sheet or other fire-proof materials on the floor under each
stove, extending at least eighteen (18) inches beyond the perimeter of the base
of the stove. |
| (21) |
Any wall or
ceiling within eighteen (18) inches of a solid or liquid fuel stove or a
stovepipe shall be of fireproof material. A vented metal collar shall be
installed around a stovepipe or vent passing through a wall, ceiling, floor or
roof. Such vent or chimney shall extend above the peak of the roof. |
| (22) |
When a heating system has automatic
controls, the controls shall be of the type which cut off the fuel supply upon
the failure or interruption of the flame or ignition, or whenever a
predetermined safe temperature or pressure is exceeded. All steam and hot water
systems shall be provided with safety devices arranged to prevent hazardous
pressures and excessive temperatures. |
| (23) |
All heating equipment shall be
maintained and operated in a safe manner to eliminate possibilities of
fire. |
| (24) |
Electrical wiring and
lighting fixtures shall be installed and maintained in a safe
condition. |
| (25) |
Bathing and hand
washing facilities, supplied with hot and cold water shall be provided for the
use of all occupants. These facilities shall be clean and sanitary and
maintained in good repair. |
| (26) |
There shall be a minimum of one (1) showerhead per fifteen (15) persons.
Showerheads shall be spaced at least three (3) feet apart, with a minimum of
nine (9) square feet of floor space per unit. Adequate dry dressing space shall
be provided in common use facilities. Shower floors shall be constructed of
non-absorbent, properly constructed floor drains. Separate shower facilities
shall be provided for each sex. When common use shower facilities for both
sexes are in the same building, they shall be separated by a solid nonabsorbent
wall extending from the floor to ceiling or roof, and shall be plainly
designated "Male" or "Female." |
| (27) |
If laundry service is not otherwise provided, laundry facilities supplied with
hot and cold water under pressure shall be provided for the use of all
occupants. |
| (28) |
Bedding provided by
the Outdoor Child Caring Program shall be clean and sanitary. All bedding shall
be laundered or otherwise sanitized between assignment to different
campers. |
| (29) |
Linens shall be
changed as often as required for cleanliness and sanitation, but not less
frequently than once a week. |
| (30) |
Bedwetters shall have their linens changed as often as they are wet. |
| (31) |
Adequate personal storage area shall be
available for each child to separate his or her clothing from other children's
personal belongings. |
| (32) |
Boys and
girls shall not share the same sleeping unit. |
| (33) |
A separate bed, bunk or cot shall be
available for each person. Tripledeck beds are prohibited. Beds shall be spaced
in a manner which will provide a walk space on at least one side and at least
one end of each bed. |
| (34) |
Food
service facilities and program shall meet Chapter 290-5-14 Rules and
Regulations for Food Service, Georgia Department of Human Resources. |
| (35) |
Poisonous and toxic materials shall be
properly identified, stored separately from food and properly used. Poisonous
polishes shall not be used on eating and cooking utensils. |
| (36) |
Persons with wounds or communicable
diseases shall be prohibited from handling food. |
| (37) |
Food handlers shall practice good
hygienic practices. |
| (38) |
Floors,
walls and ceilings shall be kept clean and in good repair. |
| (39) |
Adequate lighting shall be provided and
shall be properly protected from breakage. |
| (40) |
The kitchen area and cooking equipment
shall be properly vented. |
| (41) |
Pets
shall not be allowed in the food storage, preparation or dining area. |
| (42) |
Durable, clean containers of adequate
size and tight fitting lids shall be conveniently located to each housing unit
for storage of garbage and other refuse. |
| (43) |
Provisions shall be made for collection
of refuse at least once a week, or more often if necessary. The disposal of
refuse, which includes garbage, shall be in accordance with requirements of
Chapter 290-5-14 Rules and Regulations for Food Service , Georgia Department of
Human Resources. |
| (44) |
Storage
facilities and areas shall be maintained in a sanitary condition. |
| (45) |
A vector control program shall be
maintained to insure effective control of all insects and rodents in buildings
and on the premises. |
| (46) |
If
chemical control is needed to supplement good sanitation practices, proper
pesticides shall be used in strict accordance with label
instructions. |
| (47) |
Swimming pools
shall be constructed in accordance with Department design standards and all
pools shall be maintained and operated as required by local regulations and
standards of the Department. Other swimming areas (lake, creeks, etc.) shall be
kept clean of hazardous trash and debris. |
| (48) |
Documentation of current and approved
fire, health, and safety inspections shall be kept on file at the Outdoor Child
Caring Program. Copies of the inspection reports shall be submitted to the
Department when the signed application for licensure is submitted and annually
thereafter. |
| (49) |
Fire drills shall
be held at least 8 times a year. Written records of the drills shall be
maintained. |
| (50) |
There shall be a
disaster preparedness plan for staff and residents to follow for meeting
disasters and emergencies such as fires or severe weather. The plan shall
include procedures and action to be taken in case of adverse weather conditions
such as extremely low temperatures, storms, tornadoes, etc. All staff members
shall know the procedures and action to be taken for meeting disasters and
emergencies. |
| (51) |
Horses and other
animals maintained in any camp shall be quartered at a reasonable distance from
any sleeping, living, eating or food preparation area.
| (a) |
Stables and corrals shall be located as
to prevent contamination of any water supply. Manure shall be removed from
stalls and corrals as often as necessary to control flies. |
| (b) |
Horses, dogs or other domestic animals or
pets shall not be permitted on a bathing beach or in water in the area used for
waterfront activities. |
|
| (52) |
All dogs, cats and other warm-blooded
pets owned or under the supervision of an occupant of any Camp shall be
currently vaccinated against rabies in compliance with the law.
| (a) |
Written records shall be kept on the type
of vaccinations and the date of vaccinations. |
| (b) |
The premises shall be kept free of stray
animals. |
|
| (53) |
Primitive
campsites shall be maintained and operated in a safe and healthful manner.
| (a) |
Drinking water used at primitive camps
and on hikes and trips away from permanent campsites shall be from a source
known to be safe (free of coliform organisms) or shall be rendered safe before
used in a manner approved by the Department of Human Resources. |
| (b) |
Primitive campsites which are not
provided with approved toilet facilities shall have a separate toilet area
designated for each sex at a minimum ratio of one (1) toilet seat per 15
persons. Slit trenches or cat holes with a readily available supply of clean
earth backfill or other disposal methods approved in writing by the Department
of Health shall be utilized for the disposal of human excreta in these areas.
Toilet areas shall be located at least one hundred and fifty (150) feet from a
stream, lake or well and at least seventy-five (75) feet from a campsite, tent
or other sleeping or housing facility. |
| (c) |
Solid wastes which are generated in
primitive camps should be disposed of at an approved sanitary landfill or
similar disposal facility. Where such facilities are not available, solid
wastes shall be disposed of daily by burial under at least two (2) feet of
compacted earth cover in a location which is not subject to inundation by
flooding. Burying is not recommended. |
| (d) |
Hot water and detergent shall be used to
wash all food utensils after each meal at primitive campsites. Where group
dishwashing is practiced, all utensils shall be immersed for at least two (2)
minutes in a lukewarm chlorine bath containing at least 50 ppm of available
chlorine at all times. Where chlorine is used, a three compartment vat or three
containers are required for washing, rinsing and immersion. |
| (e) |
No dish, receptacle or utensil used in
handling food for human consumption shall be used or kept for use if chipped,
cracked, broken, damaged or constructed in such a manner as to prevent proper
cleaning sanitizing. |
| (f) |
Disposable
or single use dishes, receptacles or utensils used in handling food shall be
discarded after one use. |
| (g) |
Eating
utensils shall not be stored with foods or other materials and substances and
shall be stored in clean dry containers. |
| (h) |
Persons who handle food and/or eating
utensils for the group shall maintain personal cleanliness, shall keep hands
clean at all times and shall thoroughly wash the hands with soap and water
after each visit to the toilet. They shall be free of local infection commonly
transmitted through the handling of food or drink and free of communicable
disease. |
| (i) |
Food shall be stored
in clean and dry containers that provide protection from insects, rodents and
wildlife. Hazardous substances, medicines, etc., shall not be stored in
containers with food. |
|
| (1) |
The governing
board shall submit on a timely basis such financial, statistical reports, and
board minutes and other information as may be required by the
Department. |
| (2) |
Reporting. Detailed
written summary reports shall be made to the Department of Human Resources,
Office of Regulatory Services, Residential Child Care Unit via email or fax on
the required incident intake information form (IIIF) within 24 hours. This
report shall be made regarding serious occurrences involving children in care,
including but not limited to:
| (a) |
Death or
serious injury (requiring extensive medical care and/or hospitalization of any
camper in care); |
| (d) |
Any federal, state or private legal
action by or against the Camp which affects any child, the conduct of the Camp
or any person affiliated with the Camp; |
| (e) |
Closure of a living unit due to disaster
or emergency situations such as fires or severe weather; and |
| (f) |
Any injury requiring medical treatment
beyond first aid that is received by a camper as a result of any e mergency
safety intervention. |
|
| (3) |
Child Abuse Reports. Whenever the outdoor child caring program has reason to
believe that a child in care has been subjected to child abuse it shall cause a
report of such abuse to be made to the child welfare agency of the county of
occurrence providing protective services as designated by the Department of
Human Resources (Division of Family and Children Services) or in the absence of
such an agency to an appropriate police authority or district attorney in
accordance with the requirements of O.C.G.A. Sec.
19-7-5. A copy of such report
shall also be filed with the Office of Regulatory Services. |
| (4) |
The governing board of the Outdoor Child
Caring Program shall report to the Department:
| (a) |
Any change in administrator;
and |
| (b) |
Any impending change that
would necessitate a change in the conditions of the license, i.e., capacity,
age range, sex, location or name. |
|
| (1) |
Application for licensure of an Outdoor
Child Caring Program shall be made on forms provided by the Department. The
application shall be verified by both the Executive Director and Chairman of
the Governing Body. |
| (2) |
The
following material shall be filed with the application:
| (a) |
Certified copy of the current Articles of
Incorporation (if incorporated). |
| (b) |
Certified copy of the current Bylaws (if
applicable). |
| (c) |
A list of the name
and address of the current members of the Governing Body and a notarized letter
of acceptance from each. |
| (d) |
A list
of the professional staff including their education and experience. |
| (e) |
Plan for financing including an itemized
annual budget, base for any schedule of fees, letter from C.P.A. stating that
the bookkeeping system will be set up so that an audit can be made at the end
of each fiscal year. |
| (f) |
Copy of
personnel policies and practices. |
| (g) |
Outline of the Outdoor Child Caring
Program's proposed program. |
| (h) |
Copy of admission policies and procedures. |
| (i) |
Documentation of need:
| (I) |
Written communications from community
leaders in the field of child welfare indicating a need for the services
proposed by the applicant; or |
| (II) |
Recent research data establishing a need for the services being proposed;
or |
| (III) |
Evidence that the services
will be used by referral sources. |
|
| (j) |
Manual of operating procedures as
referred to in Section
290-2-7- .03. |
| (k) |
Written disclosure concerning the status
of all applications previously made (whether granted, denied, or pending) and
licenses previously obtained (whether currently in force, revoked or suspended)
for outdoor camping activities in other jurisdictions by agencies in common
control with or under common control of the applicant Agency or Outdoor Child
Caring Program or with which the applicant Agency or Outdoor Child Caring
Program intends to cooperate in the care and service of children. The
aforementioned requirement of disclosure will also apply to all applications
and licenses for agencies with whom the Administrator or individual board
members of the applicant Agency or Outdoor Child Caring Program are affiliated
in any capacity. The purpose of this provision is to disclose to the Department
full and complete information concerning the prior and continuing efforts of
the applicant Agency or Outdoor Child Caring Program, its Executive Director
and individual members of the governing body in child care activities in other
jurisdictions. |
|
| (3) |
False
or Misleading Information. The application for a license including the
application for a criminal history background check must be truthfully and
fully completed. In the event that the department has reason to believe that
any required application has not been completed truthfully, the department may
require additional verification of the facts alleged. The department may refuse
to issue a license where false statements have been made in connection with the
application or any other documents required by the department. |
| (4) |
A license to operate an Outdoor Child
Caring Program is not transferable. A new application shall be filed when there
is a substantial change in membership (50%) of the governing body. |
| (5) |
The Department shall consider each
application filed and in its discretion, either deny said application, suspend
consideration of said application until additional requested information is
received, or issue a temporary license, based on a determination that the
Outdoor Child Caring Program has made adequate provision to meet these Rules.
An Outdoor Child Caring Program's initial license shall be a temporary license,
valid for a specified period not to exceed one year. |
| (6) |
If the department finds that any outdoor
child caring program applicant does not meet rules and regulations prescribed
by the department but is attempting to meet such rules and regulations, the
department may, in its discretion, issue a temporary license or commission to
such outdoor child caring program, but such temporary license or commission
shall not be issued for more than a one-year period.
| (a) |
Upon presentation of satisfactory
evidence that such institution is making progress toward meeting prescribed
rules and regulations of the department, the department may, in its discretion,
reissue such temporary license or commission for one additional period not to
exceed one year. |
| (b) |
As an
alternative to a temporary license or commission, the department, in its
discretion, may issue a restricted license or commission which states the
restrictions on its face. |
| (c) |
Upon
consideration of an application for renewal of the initial temporary license
granted to an Outdoor Child Caring Program the Department may, in its sole
discretion, based on the Outdoor Child Caring Program's performance during the
initial licensing period, either deny said renewal, issue a full one-year
license, or issue an additional temporary license for a specified period not to
exceed six months. |
|
| (7) |
An application for renewal of license shall be made no later than 60 days prior
to the expiration of a Outdoor Child Caring Program's current license on forms
provided by the Department. The application for renewal shall be verified by
both the Administrator and Chairman of the Governing Body and shall certify,
unless noted otherwise therein, that all of these Rules have been and continue
to be complied with and that all information previously filed with the
Department is true and correct. All changes in membership of the Governing Body
and personnel since the date of last application (whether for initial license
or renewal) shall be fully documented, as to names, dates and
circumstances. |
| (8) |
If an
application for licensure is denied, or a license revoked, an application for a
new license may not be filed within one year of such denial or
revocation. |
| (9) |
Information
required for relicensing shall be submitted on forms provided by the
Department. |
| (10) |
The license shall
be posted at some point near the entrance or part of the office that is open to
view by the public. |
The Department may grant a variance to a rule when the
variance is necessary because the rule is not applicable, or to allow
experimentation and demonstration of new and innovative approaches to the
delivery of services or the Outdoor Child Caring Program has met the intended
purpose of the rule through equivalent rules. The Department may establish
conditions which must be met by the Outdoor Child Caring Program in order to
operate under the variance.
The Outdoor Child Caring Program shall prepare for potential
emergency situations that may affect the care of children by the development of
an effective disaster preparedness plan that identifies emergency situations
and outlines an appropriate course of action. The plan must be reviewed and
revised annually, as appropriate, including any related written
agreements.
| (a) |
The disaster
preparedness plan shall include at a minimum plans for the following emergency
situations:
| 1. |
Local and widespread weather
emergencies or natural disasters, such as tornadoes, hurricanes, earthquakes,
ice or snow storms, or floods; |
| 2. |
Manmade disasters such as acts of terrorism and hazardous materials
spills; |
| 3. |
Unanticipated
interruption of service of utilities, including water, gas, or electricity,
involving any placement homes within a local or widespread area; |
| 4. |
Loss of heat or air conditioning in
facilities, outdoor temporary structures or primitive natural environments
where campers may be housed; |
| 5. |
Fire, explosion, or other physical damage to facilities, outdoor temporary
structures or primitive environments where campers may be housed; and |
| 6. |
Pandemics or other situations where the
campers' need for services exceeds the capacity and availability of services
regularly offered by the Outdoor Child Caring Program. |
|
| (b) |
There shall be plans to ensure sufficient
camp staff and supplies for campers to provide room, board and watchful
oversight during the emergency situation. |
| (c) |
There shall be plans for the emergency
transport or relocation of all campers, should it be necessary, in vehicles
appropriate to the camper's needs. Additionally there shall be written
agreements with any agencies which have agreed to receive the program's campers
in these situations. |
| (d) |
The
Outdoor Child Caring Program shall document quarterly disaster
drills. |
| (e) |
The disaster
preparedness plan shall include a requirement that the program notify the
Department of the emergency situation as required by these rules and notify the
parents, placement agency or lawful custodians of the camper's whereabouts and
condition. |
| (f) |
The Outdoor Child
Caring Program shall provide a copy of the internal disaster preparedness plan
to the local Emergency Management Agency (EMA) and shall include the local EMA
in development of the Outdoor Child Caring Program's plan for the management of
external disasters. |
| (g) |
The Outdoor
Child Caring Program's disaster preparedness plan shall be made available to
the Department for inspection upon request. |
| (h) |
The Department may suspend any
requirements of these rules and the enforcement of any rules where the Governor
of the State of Georgia has declared a public health emergency. |
An application for license to operate an Outdoor Child Caring
Program shall constitute consent by the Outdoor Child Caring Program for the
staff of the Department to enter the premises or wherever campers are being
cared for at any time during normal business hours, with or without prior
notice for the purpose of reviewing records, obtaining pertinent information
and determining compliance with these Rules.
| (1) |
In accordance with O.C.G.A.
49-5-90et seq.,
notwithstanding other remedies available to the department which may be pursued
at the same time, the commissioner or his designee may issue emergency orders.
Such orders may include the following:
| (a) |
Emergency relocation of children when it is determined that the children are
subject to an imminent and substantial danger. |
| (b) |
Emergency placement of a monitor or
monitors in an outdoor child caring program upon a finding that the
department's rules and regulations are being violated which threaten the
health, safety, or welfare of children in care and when one or more of the
following conditions are present:
| 1. |
The
outdoor child caring program is operating without a license; or |
| 2. |
The department has denied the application
for the license or has initiated action to revoke the existing license;
or |
| 3. |
Children are suspected of
being subjected to injury or life-threatening situations or the health or
safety of a child or children is in danger. |
|
| (c) |
Emergency prohibition of admissions to an
outdoor child caring program when children are in imminent and substantial
danger and the outdoor child caring program has failed to correct a violation
of rules and regulations within a reasonable time, as specified by the
department. Such violation giving rise to the prohibition could jeopardize the
health and safety of the children if allowed to remain uncorrected or is a
repeat violation over a twelve month period. |
|
| (2) |
An emergency order shall contain the
following:
| (a) |
The scope of the
order; |
| (b) |
The reasons for the
issuance of the order; |
| (c) |
The
effective date of the order if other than the date the order is
issued; |
| (d) |
The person to whom
questions regarding the order are to be addressed; and |
| (e) |
Notice of the right to a preliminary
hearing. |
|
| (3) |
Unless
otherwise provided in the order, an emergency order shall become effective upon
its service to the owner, the director, or any other agent, employee, or person
in charge of the institution at the time of the service of the order. |
| (4) |
Prior to issuing an emergency order, the
commissioner or his designee may consult with persons knowledgeable in the
field of child care and a representative of the institution to determine if
there is a potential for greater adverse effects on children in care as a
result of the emergency order. |
| (1) |
Plans of Correction. If the
Department determines that either an Outdoor Child Caring Program or a facility
applying to become licensed as an Outdoor Child Caring Program does not comply
with the rules, the Department shall provide written notice specifying the
rule(s) violated and setting a time for the agency not to exceed ten (10)
working days with in which to file an acceptable written plan of correction
where the Department has determined that an opportunity to correct is
permissible. If such plan of correction is determined not acceptable to the
Department because it does not adequately correct the identified violation, the
Department will advise the Outdoor Child Caring Program or facility applying to
become licensed that the plan of correction is not acceptable. The Department
may permit the camp to submit a revised plan of correction.
| (a) |
The camp shall comply with an accepted
plan of correction. |
| (b) |
Where the
Department determines that either the Outdoor Child Caring Program or the
facility applying to become licensed as an Outdoor Child Caring Program has not
filed an acceptable plan of correction or has not complied with the accepted
plan of correction, the Department may initiate an adverse action to enforce
these rules. |
|
| (2) |
All
adverse actions to enforce the Rules and Regulations for an Outdoor Child
Caring Program shall be initiated in accordance with the Rules and Regulations
for Enforcement of Licensing Requirements, Chapter 290-1-6, and O.C.G.A. Secs.
49-5-12 and 49-5-12.1, Penalties
for Violation of Child Welfare Agency Laws and Regulations and Sec.
49-5-60et seq.
and the requirements set forth herein. |
| (3) |
Required Notifications for
Revocations and Suspensions. The camp shall notify each child's parents
and/or legal guardians of the Department's actions to revoke the license or
seek an emergency suspension of the camp's license to operate.
| (a) |
The official notice of the revocation or
emergency suspension action and any final resolution, together with the
Department's complaint intake phone number and website address, shall be
provided by the camp to each current and prospective child's parents and/or
legal guardians. |
| (b) |
The camp shall
ensure the posting of the official notice at the camp in an area that is
visible to each child's parents and/or legal guardians. |
| (c) |
The camp shall ensure that the official
notice continues to be visible to each child's parents and/or legal guardians
throughout the pendency of the revocation and emergency suspension actions,
including any appeals. |
| (d) |
The camp
shall have posted in an area that is readily visible to each child's parents
and/or legal guardians any inspection reports that are prepared by the
Department during the pendency of any revocation or emergency suspension
action. |
| (e) |
It shall be a violation
of these rules for the camp to permit the removal or obliteration of any posted
notices of revocation, emergency suspension action, resolution, or inspection
survey during the pendency of any revocation or emergency suspension
action. |
| (f) |
The Department may post
an official notice of the revocation or emergency suspension action on its
website or share the notice of the revocation or emergency suspension action
and any information pertaining thereto with any other agencies that may have an
interest in the welfare of the children in care of the camp. |
| (g) |
The Department may suspend any
requirements of these rules and the enforcement of any rules where the Governor
of the State of Georgia has declared a public health emergency. |
|
