FCCAM PLC has a new section in the sidebar of the website that allows for providers to ask questions and the PLC will reach out to find the answers. When appropriate we will share the answer to the wider community and pass the question along to partner organizations to inform them of an issue.
We recently had a provider reach out about their responsibility to release information they recorded around a question of possible child abuse and neglect.
Here’s the general situation information we received:
A question of possible child abuse and neglect at home occured. Provider followed their policy and wrote an incident report and reported it to the hotline number. Child is no longer in the program. Parent sent an email requesting all of the information from the child’s records.
Question: Does the incident report need to be included with the other material in the child’s record?
The PLC reached out to Licensing Supervisors. Following are the keys points from our conversations with them.
- FCC and Facility Licensing Rules require Child Abuse and Neglect reports to be kept separate from Children’s Records.
- Being maintained separately means they do not need to be released as part of a Parent’s request for their Child’s record.
- If for some reason a program isn’t keeping CPS reports in a separate file they should going forward.
Here’s the Licensing Rule language:
A-C. Record Management/ Section 5. Record Management and Retention
A. Record management. Providers must comply with the following:
4. Maintain a separate record of all reports of alleged Child Abuse or Neglect made in accordance with 22 MRS §4011-A.
A-D. Section 6 / Reporting Requirements
B. Mandatory report of suspected Abuse or Neglect. Any provider suspecting Abuse or Neglect must immediately report this information to Child Protective Intake Services, 1-800-452-1999, TTY 1-800- 963-9490 which is staffed 24 hours a day, 7 days a week.
1. The provider must maintain documentation, not maintained in the Child’s record, that a report has been made.
2. All reporting of suspected Child Abuse or Neglect, and serious injuries of a Child who is under six months of age or otherwise non-ambulatory, must comply with 22 MRS §4011-A.
Here’s a link to Maine’s Mandated Reporter Worksheet that can be used to document reports made to CPS intake.
FCCAM encourages providers to review their Mandated Reporter policy and check when they completed their last Mandated Reporter training. Renewal is required every 4 years.
fccamaine.com 