0520-12-01-.05 · 0520-12-01-.05 Program Organization and Administration, 0520-12-01-.06 Program Operation, 0520-12-01-.07 Staff, 0520-12-01-.09 Program Requirements

The program is out of compliance in the following areas 0520-12-01-.05 PROGRAM ORGANIZATION AND ADMINISTRATION; 0520-12-01-.06 PROGRAM OPERATION; 0520-12-01-.07 STAFF; and 0520-12-01-.09 PROGRAM REQUIREMENTS.

Corrected Corrected by Apr 6, 2023

Category: ratio. Marked corrected in the state record.

Violation

0520-12-01.10. Health and Safety. e) The following procedures for reporting suspected child abuse or neglect are prohibited: 1. The program shall not develop or implement policy that inhibits, interferes with or otherwise affects the duty of any staff, including substitutes and volunteers, to report suspected abuse or neglect of a child as required by this Chapter and T.C.A. §§ 37-1-403 and 605, and shall not otherwise directly or indirectly require staff to report to the program management or seek the approval of program management prior to any individual staff member reporting the suspected abuse or neglect. 2. A report of suspected child abuse or neglect of a child enrolled in the program by the operator, owner, director, teacher or staff member of, or substitute staff member or volunteer in a program shall not be made to any other entities or persons, including, but not limited to, hospitals, physicians, or educational institutions as an alternative to or substitute for the reporting requirements to the persons or entities specifically listed in this Chapter. 4. Any action that does not comply in all respects with these rules, will not fulfill the statutory duty to report child abuse or neglect and the certification of approval requirements of this Chapter. (f) Failure to make the reports required by this Chapter or the use of the prohibited methods as an attempt to fulfill the duty to report suspected child abuse or neglect, for children in the care of the program are, by themselves, grounds for suspension, denial or revocation of the program’s certificate of approval. (i) Upon notification of a pending abuse/neglect investigation of any program staff member the program shall enter into a safety plan with the Department regarding the individual’s access to the program and the children in the care of the program. On April 23, 2019 PE Williams was conducting an announced visit to the program and discovered the teacher was not at the visit. After questioning the teachers PE Williams learned she had been removed as a result of an incident that occurred on April 3, 2019 involving the classroom teacher and 3 children. PE Williams also learned the incident was reported to the Principal, Special Education Administration, Police, and Department of Children Services. However, the Department of Education was never notified and unaware of the incident. PE Williams asked for an incident report and was told by the teachers the office took that report. When PE Williams went to the office they did not have an incident report, therefore PE Williams could not determine if the parents were notified due to lack of paperwork. The Principal did however provide me a written statement of what he attests happened on the date of the incident. On the date of this visit, the teacher had been removed and a sub was placed in the classroom. There was no information on the substitute at the time of the visit. Other issues not included in this plan of action but will be checked upon the revisit is staff did not have completed professional development and no information for 2 students that were recently enrolled in the program. It was stated information may be held in the office, however, access must be provided on the date of the visit since all other student information was inside the classroom. The program will receive a Plan of Action as a result of failure to report as outlined above and in the rules in this Chapter 0520-12-01. It was stated the incident was reported to the Principal and he was instructed to notify other agencies, however, the Department of Education was not made aware of the situation and a teacher was removed as a result. Staff will have to be retrained on Child Abuse Detection and Reporting procedures and proof must be made available for PD Williams. The outcome regarding this teacher must be made available to the Department of Education.

Corrected Corrected by Apr 29, 2019

Category: ratio. Marked corrected in the state record.