[29 Pa.B. 3295]
[Continued from previous Web Page] § 3800.303(a)(8) and (9). Additional requirements for outdoor and mobile programs--map and schedule
One commentator suggested that the requirement for staff to have a map and the 7-day schedule apply only when the children are away from the stationary site.
Response
This change was made.
§ 3800.303(b)(4). Additional requirements for outdoor and mobile programs--training
IRRC suggested that the Department clarify appropriate recognized training sources. One commentator suggested that there is no such thing as an appropriate recognized training source and that some outdoor programs have their own in-house training programs for staff and children.
Response
The Department eliminated ''by an appropriate, recognized source'' and will instead assess each training program as to the appropriateness and effectiveness of the training program, as part of the annual licensing inspection.
§ 3800.311. Exceptions for day treatment
Several commentators suggested additions to the list of exceptions for day treatment facilities including: child funds, certain reportable incidents, fire drills, vision care, hearing care and meals.
Response
These exemptions were added.
§ 3800.312(3). Additional requirements for day treatment--staffing
A commentator suggested that in day treatment, children are often not directly supervised at all times.
Response
The Department eliminated the requirement for direct supervision at all times. The Department also clarified and reduced the number of children present in the facility requiring a supervisor, from 36 to 32, to increase protection for children and in keeping with multiples of the staff to child ratios at 1:8.
§ 3800.312(4). Additional requirements for day treatment--indoor square footage
A commentator suggested reducing the amount of indoor square footage from 50 to 15 square feet in accordance with school requirements.
Response
This change was made.
Six commentators requested the acceptance of a school health examination.
Response
In an effort to avoid duplication, this change was made. The school examination may be accepted by the day treatment facility, if the examination meets public school requirements and has been done within the periodicity schedule required by the public school.
§ 3800.312(8). Additional requirements for day treatment--meals
IRRC and two commentators suggested adding ''break'' after meal to assure that day treatment programs do not need to provide meals to the children but can instead require children to bring meals from home.
Response
This change was made.
§ 5310.3. Applicability
IRRC requested clarification about the applicability of host homes.
Response
This change was made.
Fiscal Impact
Some commentators suggested that the proposed amendments would have a significant impact on the cost of providing care, particularly related to staff training, incident reporting and a few physical site requirements. In drafting the final-form regulations, careful consideration was given to the effect the amendments will have on the cost of providing care. Following is discussion regarding the regulatory areas that will have the greatest impact on the cost of care.
1. Staff training. The amendments place a strong emphasis on initial and ongoing staff training as an important component to protect the health and safety of children. The amendments require that new staff persons receive at least 30 hours of specific health and safety related training prior to working alone with children and within 120 days after the date of hire. The amendments also require that veteran staff persons receive at least 40 hours of training each year in general child care topics including first aid, Heimlich techniques, cardiopulmonary resuscitation and fire safety.
The current regulations for child residential facilities (Chapter 3810), which apply to the majority of facilities governed by this new chapter, require an unspecified number of hours of training for new staff persons in most of the same areas required by the new regulations and 40 hours of training in the first year of employment. Also currently required is 40 hours of training each year for veteran staff. The current regulations for community mental retardation homes (Chapter 6400) require orientation for new staff persons and at least 24 hours of training each year for veteran staff persons. The current regulations for secure detention and community residential mental health facilities do not address staff training hours or content areas.
While community mental retardation homes may need to increase the number of training hours from 24 to 40 hours per year, and community mental health and secure detention facilities may need to enhance their training programs, the Department does not anticipate the staff training requirements to be cost prohibitive for providers. The Department will permit a variety of staff training models and options including effective on-the-job training programs and staff meetings that include training components. In addition, the Department offers many free and low-cost training programs for staff persons in children's residential and day treatment facilities. For children and youth programs, the cost of providing training is an allowable cost for Federal, State and county children and youth reimbursement.
The staff training requirements have been widely supported by the regulations work group, providers of service, parents and consumers and child advocates as being essential to protecting the health and safety of children. Any minimal increase in costs associated with the new staff training requirements is outweighed by the benefit of protecting children.
2. Reportable incidents. The new requirements for reporting reportable incidents will increase paperwork for certain facility types. The amendments require reporting of specific types of incidents to the Department and the contracting agency. This reporting system is imperative to protect children from harm by studying patterns of incidents and taking action where appropriate to improve health and safety protections to children.
In response to public comment regarding the anticipated cost of reporting incidents in the proposed amendments, the Department amended § 3800.16(a) to reduce the types of incidents that are reportable.
Current regulations for child residential and day treatment facilities (Chapter 3680) and community mental retardation homes (Chapter 6400) require reporting systems for many incidents. While the requirements for the types of incidents in children and youth facilities have been expanded, facilities do already have reporting systems and procedures established.
The amount of increased paperwork to comply with the amendments will be negligible.
3. Physical site. Public comments regarding the cost of the new physical site requirements were mainly concerned with the proposal to fence ponds and lakes and to limit bedrooms to one child per room in secure detention. The Department amended §§ 3800.106 and 3800.283 to eliminate these requirements.
4. Administration. Many administrative and fiscal requirements governing the operation and administration of child residential and day treatment facilities (Chaper 3680) and community mental health residential facilities (Chapter 5310) have been eliminated. Requirements governing areas such as independent audits, governing body, administrative records, hiring practices, personnel management, job descriptions and staff discipline procedures are no longer required.
The reduction in paperwork requirements in the area of administration will result in a cost savings, with no diminished protection of children.
Effective Date
With the exception of §§ 3800.187 and 3800.188, this chapter is effective October 26, 1999. Sections 3800.187 and 3800.188 are effective June 26, 2000.
Implementation
As requested by providers of service, the Department will develop a licensing measurement instrument that regional licensing inspectors will use to apply and measure compliance with the new regulations. The draft measurement instrument will be shared with Statewide external stakeholder organizations for review and comment prior to implementation of the amendments and the instrument.
The Department will provide a training and orientation course on the new regulations, in each of the Department's regions, for providers and other interested persons, prior to implementation of the amendments.
Sunset Date
The effectiveness of these amendments will be evaluated as part of the Department's annual licensing inspection process for child residential and day treatment facilities. While no sunset date has been established for these amendments, it is anticipated that the Department will pursue necessary revisions to the amendments, based on public comment and research, within 5 years from the date of this publication.
Contact Person
Questions about these amendments should be directed to the Department of Public Welfare, Office of Policy Development, Karen E. Kroh, Licensing Manager, P. O. Box 2675, Harrisburg, PA 17105-2675, (717) 783-2207; fax (717) 772-4957.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 8, 1999, the Department submitted a copy of these final-form regulations to IRRC and to the Chairpersons of the House Committee on Aging and Youth and the Senate Committee on Public Health and Welfare. The Department provided IRRC and the Committees with copies of all comments received during the public comment period. The Department has also provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this form is available to members of the public upon request.
In preparing the final-form regulations, the Department has considered all comments received from the public, IRRC and the Committees.
These final-form regulations were deemed approved by the House Aging and Youth Committee and the Senate Public Health and Welfare Committee on May 3, 1999. IRRC approved the final-form regulations on May 6, 1999, in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a(e)).
Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the CDL and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These final-form regulations are necessary and appropriate for the administration and enforcement of Articles IX and X of the Public Welfare Code.
Order
The Department, acting under the Public Welfare Code, orders that the regulations of the Department, 55 Pa. Code Chapters 3130, 3680, 3710, 3800, 3810, 5310 and 6400 are amended by:
(a) Amending §§ 3130.81, 3680.1, 5310.3, 5310.6, 5310.92 and 6400.3; by
(b) Adding §§ 3800.1--3800.6, 3800.11--3800.22, 3800.31--3800.33, 3800.51--3800.58, 3800.81--3800.106, 3800.121--3800.132, 3800.141--3800.149, 3800.151, 3800.152, 3800.161--3800.164, 3800.171, 3800.181--3800.189, 3800.201--3800.213, 3800.221--3800.230, 3800.241--3800.245, 3800.251--3800.257, 3800.271--3800.274, 3800.281--3800.283, 3800.291--3800.293, 3800.301--3800.303, 3800.311 and 3800.312; and by
(c) Deleting §§ 3710.1--3710.4, 3710.11, 3710.21--3710.24, 3710.31--3710.33, 3710.41--3710.44, 3710.51--3710.53, 3710.61--3710.67, 3710.71, 3710.81--3710.83, 3710.91, 3710.92, 3710.101--3710.105, 3710.111--3710.121, 3710.131, 3710.141--3710.143, 3760.1--3760.11, 3760.21--3760.23, 3760.31--3760.42, 3760.51--3760.60, 3760.71--3760.81, 3760.91--3760.93, 3810.1--3810.5, 3810.11, 3810.12, 3810.21--3810.25, 3810.31--3810.41, 3810.51--3810.56, 3810.61--3810.68, 3810.81, 3810.82, 3810.91--3810.94, 3810.101--3810.103 and 5310.161 to read as set forth in Annex A.
(d) The following uncodified regulation is hereby rescinded in whole: Training School Requirements, formerly referred to as Title 6500.
(e) The following guideline is hereby superseded by this chapter: Secure Residential Facilities, formerly referred to as draft Chapter 3820 and applicable to the Department-operated youth development centers.
(f) The Secretary of Public Welfare has submitted this order and Annex A to the Office of General Counsel and the Office of the Attorney General for review and approval as to legality and form as required by law. The Office of General Counsel and the Office of the Attorney General have approved this order and Annex A as to legality and form.
(g) The Secretary of Public Welfare shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(h) This order takes effect on October 26, 1999, with the exception of §§ 3800.187 and 3800.188 which take effect on June 26, 2000.
FEATHER O. HOUSTOUN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 2734 (May 22, 1999).)
Fiscal Note: Fiscal Note 14-442 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart C. ADMINISTRATION AND FISCAL MANAGEMENT
CHAPTER 3130. ADMINISTRATION OF COUNTY CHILDREN AND YOUTH SOCIAL SERVICE PROGRAMS
REQUIREMENTS FOR FOSTER CARE PROGRAMS
AND CHILD CARE FACILITIES OPERATED
BY A COUNTY AGENCY§ 3130.81. Licensure, approval and notification requirements.
(a) The county agency shall ensure that foster homes which it approves and child care facilities which it operates comply with applicable fire, safety and building requirements of the Department of Labor and Industry and local authorities located in Philadelphia, Pittsburgh or Scranton.
(b) The county agency shall identify in writing, at the time of its application for licensure, approval or renewal, the name of the individual who is responsible for the daily operation of a child care facility which it operates.
(c) The county agency shall submit, in writing and within 30 calendar days of occurrence, notification of changes in the information provided under subsection (b).
(d) Sections 3130.81(a)--(c) and 3130.82--3800.92 do not apply to child residential and day treatment facilities which are governed by Chapter 3800 (relating to child residential and day treatment facilities).
Subpart E. RESIDENTIAL AGENCIES, FACILITIES AND SERVICES
ARTICLE I. LICENSING/APPROVAL
CHAPTER 3680. ADMINISTRATION AND OPERATION OF A CHILDREN AND YOUTH SOCIAL SERVICE AGENCY
GENERAL PROVISIONS § 3680.1. Applicability.
(a) With four exceptions, this chapter applies to the administration and operation of an agency, whether public or private, for profit or not-for-profit, which provides the social services specified in subsection (c). This chapter does not govern the administration or operation of probation offices; county children and youth social service agencies governed by Chapter 3130 (relating to administration of county children and youth services programs); child residential and day treatment facilities governed by Chapter 3800 (relating to child residential and day treatment facilities); or child day care facilities governed by Chapters 3270, 3280 and 3290 (relating to child day care centers; group day care homes; and family day care homes).
(b) Social services provided for a child by an agency subject to this chapter include the following:
(1) Foster family care.
(2) Adoption services.
(c) An agency that operated solely to provide services to children in their own homes as defined in § 3680.4 (relating to definitions) is not subject to this chapter.
CHAPTER 3710. (Reserved) §§ 3710.1--3710.4. (Reserved).
§ 3710.11. (Reserved).
§§ 3710.21--3710.24. (Reserved).
§§ 3710.31--3710.33. (Reserved).
§§ 3710.41--3710.44. (Reserved).
§§ 3710.51--3710.53. (Reserved).
§§ 3710.61--3710.67. (Reserved).
§ 3710.71. (Reserved).
§§ 3710.81--3710.83. (Reserved).
§ 3710.91. (Reserved).
§ 3710.92. (Reserved).
§§ 3710.101--3710.105. (Reserved).
§§ 3710.111--3710.121. (Reserved).
§ 3710.131. (Reserved).
§§ 3710.141--3710.143. (Reserved).
CHAPTER 3760. (Reserved) §§ 3760.1--3760.11. (Reserved).
§§ 3760.21--3760.23. (Reserved).
§§ 3760.31--3760.42. (Reserved).
§§ 3760.51--3760.60. (Reserved).
§§ 3760.71--3760.81. (Reserved).
§§ 3760.91--3760.93. (Reserved).
CHAPTER 3800. CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES
GENERAL PROVISIONS Sec.
3800.1. Purpose. 3800.2. Applicability. 3800.3. Exemptions. 3800.4. Inspections and certificates of compliance. 3800.5. Definitions. 3800.6. Applicability to specific facility types.
GENERAL REQUIREMENTS
3800.11. Licensure or approval of facilities. 3800.12. Appeals. 3800.13. Maximum capacity. 3800.14. Fire safety approval. 3800.15. Child abuse. 3800.16. Reportable incidents. 3800.17. Recordable incidents. 3800.18. Child funds. 3800.19. Consent to treatment. 3800.20. Confidentiality of records. 3800.21. Applicable health and safety laws. 3800.22. Waivers.
CHILD RIGHTS
3800.31. Notification of rights and grievance procedures. 3800.32. Specific rights. 3800.33. Prohibition against deprivation of rights.
STAFFING
3800.51. Child abuse and criminal history checks. 3800.52. Staff hiring, retention and utilization. 3800.53. Director. 3800.54. Child care supervisor. 3800.55. Child care worker. 3800.56. Exceptions for staff qualifications. 3800.57. Supervision. 3800.58. Staff training.
PHYSICAL SITE
3800.81. Physical accommodations and equipment. 3800.82. Poisons. 3800.83. Heat sources. 3800.84. Sanitation. 3800.85. Ventilation. 3800.86. Lighting. 3800.87. Surfaces. 3800.88. Water. 3800.89. Temperature. 3800.90. Communication system. 3800.91. Emergency telephone numbers. 3800.92. Screens. 3800.93. Handrails and railings. 3800.94. Landings and stairs. 3800.95. Furniture and equipment. 3800.96. First aid supplies. 3800.97. Elevators. 3800.98. Indoor activity space. 3800.99. Recreation space. 3800.100. Exterior conditions. 3800.101. Firearms and weapons. 3800.102. Child bedrooms. 3800.103. Bathrooms. 3800.104. Kitchen areas. 3800.105. Laundry. 3800.106. Swimming.
FIRE SAFETY
3800.121. Unobstructed egress. 3800.122. Exits. 3800.123. Evacuation procedures. 3800.124. Notification of local fire officials. 3800.125. Flammable and combustible materials. 3800.126. Furnaces. 3800.127. Portable space heaters. 3800.128. Wood and coal burning stoves. 3800.129. Fireplaces. 3800.130. Smoke detectors and fire alarms. 3800.131. Fire extinguishers. 3800.132. Fire drills.
CHILD HEALTH
3800.141. Child health and safety assessment. 3800.142. Health and safety plan. 3800.143. Child health examination. 3800.144. Dental care. 3800.145. Vision care. 3800.146. Hearing care. 3800.147. Use of tobacco. 3800.148. Health and behavioral health services. 3800.149. Emergency medical plan.
STAFF HEALTH
3800.151. Staff health statement. 3800.152. Serious communicable diseases.
NUTRITION
3800.161. Three meals a day. 3800.162. Quantity of food. 3800.163. Food groups and alternative diets. 3800.164. Withholding or forcing of food prohibited.
TRANSPORTATION
3800.171. Safe transportation.
MEDICATIONS
3800.181. Storage of medications. 3800.182. Labeling of medications. 3800.183. Use of prescription medications. 3800.184. Medication log. 3800.185. Medication errors. 3800.186. Adverse reaction. 3800.187. Administration. 3800.188. Medications administration training. 3800.189. Self-administration of medications.
RESTRICTIVE PROCEDURES
3800.201. Restrictive procedure. 3800.202. Appropriate use of restrictive procedures. 3800.203. Restrictive procedure plan. 3800.204. Unanticipated use. 3800.205. Staff training. 3800.206. Seclusion. 3800.207. Aversive conditioning. 3800.208. Pressure points. 3800.209. Chemical restraints. 3800.210. Mechanical restraints. 3800.211. Manual restraints. 3800.212. Exclusion. 3800.213. Restrictive procedure records.
SERVICES
3800.221. Description of services. 3800.222. Admission. 3800.223. Placement process. 3800.224. Development of the ISP. 3800.225. Review and revision of the ISP. 3800.226. Content of the ISP. 3800.227. Implementation of the ISP. 3800.228. Copies of the ISP. 3800.229. Education. 3800.230. Transfer or discharge.
CHILD RECORDS
3800.241. Emergency information. 3800.242. Child records. 3800.243. Content of records. 3800.244. Record retention. 3800.245. Locked records.
FACILITIES SERVING NINE OR
MORE CHILDREN
3800.251. Additional requirements. 3800.252. Sewage system approval. 3800.253. Evacuation procedures. 3800.254. Exit signs. 3800.255. Laundry. 3800.256. Dishwashing. 3800.257. Bedrooms.
SECURE CARE
3800.271. Criteria. 3800.272. Admission to secure care. 3800.273. Exceptions for secure care. 3800.274. Additional requirements.
SECURE DETENTION
3800.281. Requirements for secure detention. 3800.282. Exceptions for secure detention. 3800.283. Additional requirements.
TRANSITIONAL LIVING
3800.291. Criteria. 3800.292. Exceptions for transitional living. 3800.293. Additional requirements.
OUTDOOR AND MOBILE PROGRAMS
3800.301. Applicability. 3800.302. Exceptions for outdoor and mobile programs. 3800.303. Additional requirements.
DAY TREATMENT
3800.311. Exceptions for day treatment. 3800.312. Additional requirements.
GENERAL § 3800.1. Purpose.
The purpose of this chapter is to protect the health, safety and well-being of children receiving care in a child residential facility through the formulation, application and enforcement of minimum licensing requirements.
§ 3800.2. Applicability.
(a) This chapter applies to child residential facilities and child day treatment centers, except as provided in § 3800.3 (relating to exemptions).
(b) This chapter contains the minimum requirements that shall be met to obtain a certificate of compliance to provide child residential care or child day treatment in this Commonwealth.
(c) This chapter applies equally to profit, nonprofit, publicly funded, privately funded, church operated and nonchurch operated facilities.
(d) This chapter applies to the following:
(1) Any 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 in § 3800.3.
(2) Child residential facilities that are either secure or nonsecure settings, including child detention centers.
(3) Child residential facilities that are located in a fixed structure, are mobile or any combination of fixed and mobile settings.
(4) Child day treatment centers.
(5) Transitional living facilities with more than one transitional living residence in the same building.
(6) Facilities serving children with disabilities, that serve exclusively children.
§ 3800.3. Exemptions.
This chapter does not apply to the following:
(1) Child residential and child day treatment facilities operated directly by the Department.
(2) Transitional living residences which are located in freestanding private residences.
(3) Residential camps for children who are enrolled in a grade or educational level higher than kindergarten which operate for fewer than 90 days per year.
(4) Residential children's schools which are licensed and operated solely as private academic schools or registered and operated solely as nonpublic nonlicensed schools by the Department of Education.
(5) Foster care homes that are licensed under Chapter 3700 (relating to foster family care agency).
(6) Family living homes for children with mental retardation which are licensed under Chapter 6500 (relating to family living homes).
(7) Community homes for individuals with mental retardation that provide care to both children and adults in the same facility and that are licensed under Chapter 6400 (relating to community homes for individuals with mental retardation).
(8) Community residences for individuals with mental illness that provide care to both children and adults in the same facility or community residential host homes for individuals with mental illness that are certified under Chapter 5310 (relating to community residential rehabilitation services for the mentally ill).
(9) Drug and alcohol residential facilities that provide care exclusively to residents whose sole need is the treatment of drug and alcohol dependence and that are licensed under 28 Pa. Code Chapters 701, 704 and 709 (relating to general provisions staffing requirements for drug and alcohol treatment facilities; and standards for licensure of freestanding treatment facilities).
(10) Child day care facilities certified or registered under Chapter 3270, 3280 or 3290 (relating to child day care centers; group child day care; and family child day care).
(11) Private homes of persons providing care to a relative, except homes in which children live with their own children but no other relative, unless the home is a transitional living residence that is exempt from this chapter under paragraph (2).
§ 3800.4. Inspections and certificates of compliance.
(a) Each facility to which this chapter applies shall be individually inspected at least once a year, unless otherwise specified by statute.
(b) A separate certificate of compliance shall be issued for each physical structure that qualifies for a certificate.
§ 3800.5. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Child--An individual who meets one of the following conditions:
(i) Is under 18 years of age.
(ii) Is under 21 years of age and committed an act of delinquency before reaching 18 years of age and remains under the jurisdiction of the juvenile court.
(iii) Was adjudicated dependent before reaching 18 years of age and while engaged in instruction or treatment, requests the court to retain jurisdiction until the instruction or treatment is completed, but a child may not remain in a course of instruction or treatment past 21 years of age.
(iv) Has mental retardation, a mental illness or a serious emotional disturbance, with a transfer plan to move to an adult setting by 21 years of age.
Child day treatment center (facility)--A premise or part thereof, operated for a portion of a 24-hour day in which alternative education, intervention or support programs are provided to one or more children to prevent a child's placement in a more restrictive setting or to facilitate a child's reunification with his family. A child day treatment center does not include:
(i) Mental health outpatient or partial hospitalization facilities.
(ii) Drug and alcohol outpatient facilities.
(iii) Facilities that provide only aftercare services provided after regular hours of education.
Child residential facility (facility)--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 in § 3800.3 (relating to exemptions).
Department--The Department of Public Welfare of the Commonwealth.
Fire safety expert--A local fire department, fire protection engineer, Commonwealth certified fire protection instructor, college instructor in fire science, county or Commonwealth fire school, volunteer person trained and certified by a county or Commonwealth fire school or an insurance company loss control representative.
ISP--Individual Service Plan--A written document for each child describing the child's care and treatment needs.
Mobile program--A residential program that provides services in a variety of settings that do not occupy a stationary site.
Outdoor program--A residential program where children sleep outdoors or in structures intended for an outdoor experience, where the primary program focus is on outdoor experiences.
Relative--A parent, child, child's guardian, individual with legal custody, stepparent, stepchild, grandparent, grandchild, sibling, half-sibling, aunt, uncle, niece, nephew or spouse.
Secure care--Care provided in a 24-hour living setting to one or more children who are delinquent or alleged delinquent, from which voluntary egress is prohibited through one of the following mechanisms:
(i) Egress from the building, or a portion of the building, is prohibited through internal locks within the building or exterior locks.
(ii) Egress from the premises is prohibited through secure fencing around the perimeter of the building.
Secure detention--A type of secure care located in a temporary 24-hour living setting, in which one or more delinquent or alleged delinquent children are detained, generally in a preadjudication status.
Transitional living residence--A home or living unit for fewer than five children, who are 16 years of age or older, with or without their own children, who are all able to live in a semi-independent living setting. A child's own children are counted to determine the maximum number of four children per transitional living residence.
§ 3800.6. Applicability to specific facility types.
Except as otherwise provided in §§ 3800.251--3800.257, 3800.271--3800.274, 3800.281--3800.283, 3800.291--3800.293, 3800.301--3800.303, 3800.311 and 3800.312, all sections of this chapter apply to the facilities within the scope of this chapter.
GENERAL REQUIREMENTS § 3800.11. Licensure or approval of facilities.
The requirements of Chapter 20 (relating to licensure or approval of facilities) shall be met.
§ 3800.12. Appeals.
Appeals related to the Department's licensure or approval shall be made in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 3800.13. Maximum capacity.
(a) The maximum capacity specified on the certificate of compliance shall be based on available bedroom square footage and the number of toilets and sinks.
(b) The maximum capacity specified on the certificate of compliance may not be exceeded.
§ 3800.14. Fire safety approval.
(a) If a fire safety approval is required in accordance with State law or regulations, a valid fire safety approval from the appropriate authority, listing the type of occupancy, is required prior to receiving a certificate of compliance under this chapter.
(b) If the fire safety approval is withdrawn or restricted, the facility shall notify the Department orally within 24 hours and in writing within 48 hours of the withdrawal or restriction.
(c) If a building is structurally renovated or altered after the initial fire safety approval is issued, the facility shall submit the new fire safety approval, or written certification that a new fire safety approval is not required, from the appropriate fire safety authority.
§ 3800.15. Child abuse.
(a) The facility shall immediately report suspected abuse of a child in accordance with 23 Pa.C.S. §§ 6301--6385 (relating to the Child Protective Services Law) and Chapter 3490 (relating to child protective services).
(b) If there is an allegation of child abuse involving facility staff persons, the facility shall submit and implement a plan of supervision in accordance with 23 Pa.C.S. § 6368 (relating to investigation of reports) and § 3490.56 (relating to CRS investigation of suspected child abuse perpetrated by persons employed or supervised by child caring agencies and residential facilities).
§ 3800.16. Reportable incidents.
(a) A reportable incident is the following:
(1) A death of a child.
(2) A physical act by a child to commit suicide.
(3) An injury, trauma or illness of a child requiring inpatient treatment at a hospital.
(4) A serious injury or trauma of a child requiring outpatient treatment at a hospital, not to include minor injuries such as sprains or cuts.
(5) A violation of a child's rights.
(6) Intimate sexual contact between children, consensual or otherwise.
(7) A child absence from the premises for 4 hours or more without the approval of staff persons, or for 30 minutes or more without the approval of staff persons if the child may be in immediate jeopardy.
(8) Abuse or misuse of a child's funds.
(9) An outbreak of a serious communicable disease as defined in 28 Pa. Code § 27.2 (relating to reportable diseases).
(10) An incident requiring the services of the fire or police departments.
(11) Any condition which results in closure of the facility.
(b) The facility shall develop written policies and procedures on the prevention, reporting, investigation and management of reportable incidents.
(c) The facility shall complete a written reportable incident report, on a form prescribed by the Department, and send it to the appropriate Departmental regional office and the contracting agency, within 24 hours.
(d) The facility shall orally report to the appropriate Departmental regional office and the contracting agency within 12 hours, a fire requiring the relocation of children, an unexpected death of a child and a child who is missing from the facility if police have been notified.
(e) The facility shall initiate an investigation of a reportable incident immediately following the report of the incident and shall complete the investigation within a reasonable time.
(f) The facility shall submit a final reportable incident report to the agencies specified in subsection (c) immediately following the conclusion of the investigation.
(g) A copy of reportable incident reports shall be kept.
(h) The facility shall notify the child's parent and, if applicable, a guardian or custodian, immediately following a reportable incident relating to a specific child, unless restricted by applicable confidentiality statutes, regulations or an individual child's court order.
§ 3800.17. Recordable incidents.
The facility shall maintain a record of the following:
(1) All seizures.
(2) Suicidal gestures.
(3) Any incidence of intentionally striking or physically injuring a child.
(4) Property damage of more than $500.
(5) A child absence from the premises without the approval of staff persons, that does not meet the definition of reportable incident in § 3800.16(a) (relating to reportable incidents).
(6) Injuries, traumas and illnesses of children that do not meet the definition of reportable incident in § 3800.16(a), which occur at the facility.
§ 3800.18. Child funds.
(a) Money earned or received by a child is the child's personal property.
(b) The facility may place reasonable limits on the amount of money to which a child has access.
(c) The facility shall maintain a separate accounting system for child funds, including the dates and amounts of deposits and withdrawals. Commingling of child and facility funds is not permitted.
(d) Except for children expected to be in the facility for fewer than 30 days, the facility shall maintain an interest-bearing account for child funds, with interest earned tracked and applied for each child.
(e) Money in the child's account shall be returned to the child upon discharge or transfer.
(f) There shall be no borrowing of child funds by the facility or staff persons.
§ 3800.19. Consent to treatment.
(a) The facility shall comply with the following statutes and regulations relating to consent to treatment, to the extent applicable:
(1) 42 Pa.C.S. §§ 6301--6365 (relating to the Juvenile Act).
(2) The Mental Health Procedures Act (50 P. S. §§ 7101--7503).
(3) The act of February 13, 1970 (P. L. 19, No. 10) (35 P. S. §§ 10101--10105).
(4) Chapter 5100 (relating to mental health procedures).
(5) The Pennsylvania Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.115).
(6) Other applicable statutes and regulations.
(b) The following consent requirements apply unless in conflict with the requirements of applicable statutes and regulations specified in subsection (a):
(1) Whenever possible, general written consent shall be obtained upon admission, from the child's parent or legal guardian, for the provision of routine health care such as child health examinations, dental care, vision care, hearing care and treatment for injuries and illnesses.
(2) A separate written consent shall be obtained prior to treatment, from the child's parent or legal guardian, or, if the parent or guardian cannot be located, by court order, for each incidence of nonroutine treatment such as elective surgery and experimental procedures.
(3) Consent for emergency care or treatment is not required.
§ 3800.20. Confidentiality of records.
(a) The facility shall comply with the following statutes and regulations relating to confidentiality of records, to the extent applicable:
(1) 23 Pa.C.S. §§ 6301--6385 (relating to the Child Protective Service Law).
(2) 23 Pa.C.S. §§ 2101--2910 (relating to Adoption Act).
(3) The Mental Health Procedures Act (50 P. S. §§ 7101--7503).
(4) Section 602(d) of the Mental Health and Mental Retardation Act (50 P. S. § 4602(d)).
(5) The Confidentiality of HIV-Related Information Act (35 P. S. §§ 7601--7612).
(6) Sections 5100.31--5100.39 (relating to confidentiality of mental health records).
(7) Sections 3490.91--3490.95 (relating to confidentiality).
(8) Other applicable statutes and regulations.
(b) The following confidentiality requirements apply unless in conflict with the requirements of applicable statutes and regulations specified in subsection (a):
(1) A child's record, information concerning a child or family, and information that may identify a child or family by name or address, is confidential and may not be disclosed or used other than in the course of official facility duties.
(2) Information specified in paragraph (1) shall be released upon request only to the child's parent, the child's guardian or custodian, if applicable, the child's and parent's attorney, the court and court services, including probation staff, county government agencies, authorized agents of the Department and to the child if the child is 14 years of age or older. Information may be withheld from a child if the information may be harmful to the child. Documentation of the harm to be prevented by withholding of information shall be kept in the child's record.
(3) Information specified in paragraph (1) may be released to other providers of service to the child if the information is necessary for the provider to carry out its responsibilities. Documentation of the need for release of the information shall be kept in the child's record.
(4) Information specified in paragraph (1) may not be used for teaching or research purposes unless the information released does not contain information which would identify the child or family.
(5) Information specified in paragraph (1) may not be released to anyone not specified in paragraphs (2)--(4), without written authorization from the court, if applicable, and the child's parent and, if applicable, the child's guardian or custodian.
(6) Release of information specified in paragraph (1) may not violate the confidentiality of another child.
§ 3800.21. Applicable health and safety laws.
The facility shall have a valid certificate or approval document from the appropriate State or Federal agency relating to health and safety protections for children required by another applicable law, not to include local zoning ordinances.
§ 3800.22. Waivers.
(a) The facility may submit a written request for a waiver on a form prescribed by the Department, and the Department may grant a waiver of a specific section of this chapter if the following conditions exist:
(1) There is no significant jeopardy to the children.
(2) There is an alternative for providing an equivalent level of health, safety and well-being protection of the children.
(3) The benefit of waiving the regulation outweighs any risk to the health, safety and well-being of the children.
(b) The scope, definitions or applicability of this chapter may not be waived.
CHILD RIGHTS § 3800.31. Notification of rights and grievance procedures.
(a) Upon admission, each child and available parent and, if applicable, an available guardian or custodian, unless court-ordered otherwise, shall be informed of the child's rights, the right to lodge grievances without fear of retaliation and applicable consent to treatment protections specified in § 3800.19 (relating to consent to treatment).
(b) Each child and parent and, if applicable, the child's guardian or custodian, shall be informed of the child's rights, the right to lodge grievances as specified in subsection (a), and applicable consent to treatment protections specified in § 3800.19 (relating to consent to treatment), in an easily understood manner, and in the primary language or mode of communication of the child, the child's parent and, if applicable, the child's guardian or custodian.
(c) A copy of the child's rights, the grievance procedures, and applicable consent to treatment protections shall be posted and given to the child, the child's parent and, if applicable, the child's guardian or custodian, upon admission.
(d) A statement signed by the child, the child's parent and, if applicable, the child's guardian or custodian, acknowledging receipt of a copy of the information specified in subsection (a), or documentation of efforts made to obtain the signature, shall be kept.
(e) A child and the child's family have the right to lodge a grievance with the facility for an alleged violation of specific or civil rights without fear of retaliation.
(f) The facility shall develop and implement written grievance procedures for the child, the child's family and staff persons to assure the investigation and resolution of grievances regarding an alleged violation of a child's rights.
§ 3800.32. Specific rights.
(a) A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.
(b) A child may not be abused, mistreated, threatened, harassed or subject to corporal punishment.
(c) A child has the right to be treated with fairness, dignity and respect.
(d) A child has the right to be informed of the rules of the facility.
(e) A child has the right to communicate with others by telephone subject to reasonable facility policy and written instructions from the contracting agency or court, if applicable, regarding circumstances, frequency, time, payment and privacy.
(f) A child shall have the right to visit with family at least once every 2 weeks, at a time and location convenient for the family, the child and the facility, unless visits are restricted by court order. This right does not restrict more frequent family visits.
(g) A child has the right to receive and send mail.
(1) Outgoing mail may not be opened or read by staff persons.
(2) Incoming mail from Federal, State or county officials, or from the child's attorney, may not be opened or read by staff persons.
(3) Incoming mail from persons other than those specified in paragraph (2), may not be opened or read by staff persons unless there is reasonable suspicion that contraband, or other information or material that may jeopardize the child's health, safety or well-being, may be enclosed. If there is reasonable suspicion that contraband, or other information that may jeopardize the child's health or safety may be enclosed, mail may be opened by the child in the presence of a staff person.
(h) A child has the right to communicate and visit privately with his attorney and clergy.
(i) A child has the right to be protected from unreasonable search and seizure. A facility may conduct search and seizure procedures, subject to reasonable facility policy.
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