E. Reporting legal actions. The Provider must report, in writing, to the Department any of the following legal proceedings brought against the Provider, Staff Member, or Adult residing on the Premises within 24 hours:
1. Any proceeding that arises out of circumstances related to the care of Children by the Provider or Staff Member.
2. Any proceeding that could affect the continued operation of the child care.
3. Arrests, indictments or convictions for sexual or violent crimes involving Children or Adults, or any illegal acts involving Children, whether prosecuted or not.
4. Any arrest, indictment or conviction for operating under the influence of intoxicants or with an excessive blood-alcohol level (OUI), or for any other activity involving substance abuse.
5. Investigation by Child Protective Services.
6. The removal of Children from the Provider’s care or custody by court order.
7. Any protection from abuse order or any other order that makes a Finding of domestic abuse or family violence.
8. In addition to notifying the Department in writing about any of the above legal proceedings, the Provider must furnish the Department with written releases permitting the Department to obtain information regarding any of the above legal proceedings from any source.
F. Other notifications. The Provider must notify the Department of the following within 24 hours of occurrence:
1. All Child deaths and serious injuries that require medical care by a licensed medical provider, following notification of emergency medical personnel and the Child’s Parents/Legal Guardians;
2. (NEW) Any Child Abuse or Neglect allegations naming any Provider or Staff Member associated with the Provider, in addition to the immediate report to Child Protective Intake required in Section 6(B) above;
3. (NEW) Child to Child sexual behavior, intentional exposure, or intentional contact;
4. (NEW) Any violation of this rule designated as a critical violation;
5. (NEW) Any violations of the Children’s rights listed in Section 10 of this rule; or
6. (NEW) Any anticipated change of location, including a temporary relocation due to an emergency that rendered the Licensed location temporarily uninhabitable. If relocating permanently, the Provider must notify the Department and submit an application for licensure of the new location. The Provider may not operate as a Family Child Care until the Department issues a new License for the new location.
G. (NEW) Department action on report. In deciding what action to take on a License under the foregoing circumstances, the Department shall determine whether the Provider has presented sufficient evidence to indicate that the problems which resulted in any of the above have been adequately resolved such that the Provider will be in compliance with these Rules.
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