Transcript Chapter 3800 Regulations

Child Residential Facilities in
Pennsylvania
Department of Public Welfare
Office of Children, Youth and Families
Bureau of Child Welfare Services
Licensing of Child Residential Facilities
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The Department of Public Welfare’s Office of Children,
Youth and Families (OCYF) licenses child residential
facilities.
Regulated under Title 55 Pa. Code Chapter 3800.
Purpose of regulation is to protect the health, safety and
well-being of children receiving care in a child residential
facility.
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What is a Child Residential Facility?
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Defined at § 3800.5 (relating to definitions):
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“A premise or part thereof, operated in a 24-hour
living setting in which care is provided for one or
more children who are not relatives of the facility
operator, except as provided at
§ 3800.3 (relating to exemptions).”
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OCYF Licensing
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Must have certificate of compliance prior to
operating.
Must submit an initial application to the OCYF
Regional Office, and apply annually
thereafter.
OCYF may issue a Certificate of Compliance
after inspecting to assess compliance with
Chapter 3800 regulations.
OCYF inspections occur annually.
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DPW/OCYF Also Licenses:
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Private children and youth agencies
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Public children and youth agencies
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Title 55 Pa. Code Chapter 3130
Adoption agencies
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Title 55 Pa. Code Chapter 3680
Title 55 Pa. Code Chapter 3350
Foster family care agencies
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Title 55 Pa. Code Chapter 3700
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OCYF Regional Offices
NORTHEAST
WESTERN
ERIE
WARREN
McKEAN
POTTER
BRADFORD
TIOGA
SUSQUEHANNA
WAYNE
CRAWFORD
FOREST
SULLIVAN
ELK
VENANGO
WYOMING LACKAWANNA
PIKE
MERCER
CLARION
LAWRENCE
LUZERNE
JEFFERSON
CLINTON
MONROE
LYCOMING
CLEARFIELD
BUTLER
CARBON
ARMSTRONG
NORTHAMPTON
UNION
BEAVER
INDIANA
CENTRE
SNYDER
NORTH
UMBERLAND
ALLEGHENY
BERKS
WESTMORELAND
BLAIR
PERRY
WASHINGTON
LEBANON
BUCKS
FAYETTE
GREENE
LANCASTER
BEDFORD
SOMERSET
FRANKLIN
YORK
ADAMS
CHESTER
PHILADELPHIA
CENTRAL
SOUTHEAST
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OCYF CONTACT INFORMATION
CENTRAL
REGION
NORTHEAST
REGION
SOUTHEAST
REGION
WESTERN
REGION
Addresses
Hillcrest First
Floor
P.O. Box 2675
Harrisburg PA
17105
Scranton State
Office Building,
Third Floor
Lackawanna
Avenue
Scranton PA 18503
502 State Office
Building
1400 Spring
Garden
Philadelphia PA
19130
707 State Office
Building
300 Liberty
Avenue
Pittsburgh PA
15222
Telephone Numbers
(717) 772-7702
(570) 963-4376
(215) 560-2249
(215) 560-2823
(412) 565-2339
(412) 565-5728
Fax Numbers
(717) 772-7071
(570) 963-3453
(215) 560-6893
(412) 565-7808
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Child Abuse Reporting
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§ 3800.15 (child abuse) requires facility to:
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Immediately report suspected abuse of a child per
Child Protective Services Law and Chapter 3490
regulations.
Submit and implement a plan of supervision if
there is allegation of child abuse involving facility
staff.
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Staffing
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§3800.51 (child abuse and criminal history checks)
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Compliance with Child Protective Services Law and
Chapter 3490 regulations (relating to protective services).
§3800.52 (staff hiring, retention and utilization)
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Compliance with Child Protective Services Law and
Chapter 3490 regulations (relating to protective services).
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Incident Reporting
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§ 3800.16 (reportable incidents) requires reporting
of:
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Death of a child.
Physical act by a child to commit suicide.
Injury, trauma or illness of a child requiring inpatient
treatment at a hospital.
Serious injury or trauma of a child requiring outpatient
hospital, not to include minor injuries such as sprains or
cuts.
Violation of a child’s rights.
Intimate sexual contact between children, consensual or
otherwise.
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Incident Reporting - continued
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Child’s absence from the premises for 4 hours or more
without the approval of a staff person, or for 30
minutes or more without the approval of staff persons
if the child may be in immediate jeopardy.
Absence or misuse of a child’s funds.
Outbreak of a serious communicable disease as
defined in 28 Pa. Code §27.2.
Incident requiring the services of the fire or police
departments.
Any condition which results in closure of the facility.
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Incident Reporting - continued
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Facility required to:
 complete a written reportable incident form, and send to the
OCYF Regional Office and the contracting agency within 24
hours.
 Initiate an investigation immediately after reporting and complete
within reasonable time.
 submit final reportable incident form to the OCYF Regional Office
and the contracting agency following conclusion of investigation.
Facility must also orally report to the OCYF Regional Office and the
contracting agency within 12 hours for:
 Fire requiring relocation of children,
 An unexpected death of a child, or
 If child is missing from the facility and police have been
called.
Notify child’s parent, guardian or custodian unless restricted.
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REPORTABLE INCIDENT
CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES
55 Pa. Code Chapter 3800
Initial Report
A.
Final Report
Both Initial/Final Report
FACILITY INFORMATION
Name of Legal Entity:
________________________________________________________________________________________________________
Address of Legal Entity:
______________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
__
Name of Facility (if not same as legal entity):
_____________________________________________________________________________________
Address of Facility (if not same as legal entity):
___________________________________________________________________________________
Certificate of Compliance #_____________________
County
_______________________________________________________
Type of Facility (check all applicable for this facility):
Transitional Living
Outdoor
Residential
Mobile
Secure
Detention
Day Treatment
B. DATE/TIME OF INCIDENT:
DATE:
C.
___ ___ / ___ ___ / ____ ____ ____ ____
____ ____ : ____ ____ AM / PM
TYPE OF INCIDENT: Check all applicable.
Death of a child
Suicidal-physical act
Injury, trauma or illness of
child (inpatient treatment)
Serious injury or trauma
of child (outpatient
treatment)
Violation of child’s rights
D.
TIME:
Intimate sexual contact between
children
Child absence from premises 4+
hours w/o staff approval
Child absence from premises 30+
minutes w/o staff approval (immediate
jeopardy)
Abuse or misuse of child’s funds
Outbreak of serious communicable
disease
Incident requiring fire or police
departments
Condition which results in closure of
the facility
DESCRIPTION OF INCIDENT: Provide at least the following information: Where did the incident happen? What were the
circumstances leading up to the incident? Who were the other people involved in the incident and how can they be
contacted? (Use additional sheets if necessary).
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Residential Treatment Facilities
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Must be licensed under Chapter 3800.
 Applies to both accredited and non-accredited
RTF’s.
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Must also meet other DPW requirements (Office of
Medical Assistance Programs (OMAP) and Office of
Mental Health and Substance Abuse Services
(OMHSAS)) and federal Medicaid requirements.
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RTF’s - continued
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Currently accredited RTF’s are required to report
“serious occurrences” to OCYF Regional Office, no
later than 24 hours after the “serious occurrence”.
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Reporting on Reportable Incident Form.
OCYF then forwards reports to the State Medicaid
Agency (OMAP), OMHSAS and to Pennsylvania
Protection and Advocacy (PP&A).
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OMAP and OMHSAS are also presenting today, and will
cover their responsibilities.
PP&A conducts its own investigations.
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THANK YOU!
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