CHILD ABUSE AND NEGLECT REPORTING POLICY
Child Abuse Policy
Following Massachusetts’s law, HEC prohibits any form of physical or sexual abuse of its students, and mandates all staff to report incidents of suspected child abuse.
Abuse: the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well being.
Neglect:
1. Failure by a caretaker, either deliberately or through negligence, to take actions necessary to
provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.
2. Serious physical injury (any non-trivial injury); death; malnutrition; and failure to thrive.
3. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.
Child Abuse Reporting
1. Each and every one of the employees of HEC is required by law to report to their supervisor the awareness of any student who may be abused or neglected. Under M.G.L. Chapter 119, staff are categorized as mandated reporters, liable to civil or criminal action for failure to report a potentially abusive or neglectful situation or incident.
2. The term, mandated reporter, specifically addresses the fact that any person who works in a residential treatment center is required to report to DCF (Department of Children & Families). At HEC, once the staff member reports to the person in charge, the employee is then relieved of any liability and the liability for not reporting belongs to the person in charge, i.e. the Program Director.
3. Staff must immediately report to his/her supervisor any abusive behavior toward a student and complete a written report on the matter within 24 hours. The supervisor will ordinarily immediately notify his/her Program Director who, in turn, will notify without delay the
Executive Vice President. On the next business day, the Program Director will ordinarily submit
a brief written statement of concern to the Executive Vice President.
4. HEC requires the Program Director or, if absent, his/her administrative designee to immediately report to the Department of Children & Families (DCF).
5. At the time of the allegation, the staff person alleged to have abused a student would ordinarily be suspended without pay pending a full investigation.
6. If the charge of abuse in not supported by the DCF, the staff member may be considered exonerated and reinstated with back pay. Depending upon the circumstances, the employee may be subject to disciplinary action, including suspension without pay and re-training.
7. If the charge of abuse is supported, the staff person may be terminated from employment and may face legal sanctions.
8. Employees not reporting suspected abuse or neglect are subject to discipline up to and including dismissal.
9. DCF regulations provide the following pertinent definitions as guidelines for reporting:
A. Abuse – the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well-being
B. Neglect – Failure by a caretaker, either deliberately or through negligence, to take actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.
C. Serious physical injury (any non-trivial injury); death, malnutrition; and failure to thrive.
D. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.
CONFIDENTIALITY POLICY
Hillcrest Educational Center staff, students and trainees will regard as confidential all information that might identity a person as a HEC client, as well as all information concerning events and conditions as they relate to particular clients. Staff and students will act in every instance to protect such material in accordance with the client’s wishes, and with applicable laws and regulations.
Staff are only authorized to see records of clients with whom they are involved in a service or supervisory capacity. Staff may look at other client case records only with the express permission of the client’s Program Director.
In general, staff will NOT disclose identified case information unless the client/parent/guardian has authorized disclosure in a written and signed release of information statement.
There are three exceptions to this policy (i.e., they do not require prior client release):
1. When reporting abuse or neglect as per State Law;
2. When preserving health or safety in an emergency;
3. When preventing the commission of a crime.
In any of these exceptional situations, staff must notify their immediate supervisor that they have disclosed, or intend to disclose, identified case information, and why.
Case records are the physical and legal property of HEC Staff will NOT automatically release records when subpoenaed. Instead, staff will check with their Program Directors who, on the basis of possible harm to the client, may seek to have the subpoena legally nullified. Staff will NOT release physical records, or components or copies of them to a client, a former client, or to a client or former client’s parent/guardian before securing approval from the Program Director.
On each occasion in which a staff removes a client record from either a campus Records Room or from long term storage, the staff must sign out each record being removed, and must sign the record back in upon return to the Records Room or to storage. Staff assumes responsibility for any case record in their possession, and unless they are responding to a court order, and with the knowledge and approval of their Program Director, staff must never remove a client record from a Hillcrest site or property.
Staff will avoid discussing current or former clients or clients’ families/guardians in non- professional settings. Staff WILL NEVER use client names or other identifying information in public conversation.
Staff may use client related information within the agency for treatment, training, or research purposes without special permission, as long as the use of that information is in compliance with any and all applicable Hillcrest policies (e.g., policies on research). However, proposals to use case information outside of the agency require the approval of the Executive Vice President.
This includes, but is not limited to student projects, published articles, and other public presentations.
Staff may videotape, photograph, audiotape or use one-way mirrors only with the written permission of the clients involved. At the time of admission the parent/guardian signs a release regarding treatment and/or publicity related to taping and photographing.
Members of the print or electronic media may not have access to clients or to any information about them, without prior approval by the client’s parent/guardian. Staff will clear all proposed media involvement with the CEO or Vice President prior to such involvement.
LANGUAGE POLICY
All Hillcrest students have experienced varying degrees of trauma and most have serious issues with interpersonal relationships. Therefore, it is critically important for us to maintain a therapeutic environment of care in which students can feel as safe, comfortable and understood as possible. In order to satisfy this critical need for the Hillcrest students, Hillcrest requires all employees refrain from speaking languages foreign to any student in their presence.
Hillcrest recognizes that many of its staff speak languages other than English. It is perfectly acceptable to use whatever language they chose when in conversations outside of the presence of Hillcrest students. It is also acceptable to use a language other than English if the students in their presence are fluent in the same language (i.e. staff may speak Spanish in the presence of
Spanish-speaking students.) As always, employees must remain sensitive to their work environment and avoid interacting in any manner that could make co-workers feel uncomfortable or excluded.
PERSONAL INFORMATION SECURITY PROGRAM AND POLICY
In the ordinary course of its operations, Hillcrest Educational Centers, Inc. (the “Company”) obtains various forms of personal information pertaining to its employees, students, students’ families, donors, and other individuals. The Company takes seriously its obligation not to engage in or permit the inappropriate use or disclosure of such information. In addition, both federal and state laws impose specific requirements relating to certain forms of personal information that could be used to commit “identity theft” or fraud. The Company has adopted
this Personal Information Security Program and Policy in accordance with those federal and state law requirements. The entire contents of this policy can be found in the HEC – Policies & Procedures – Chapter 11.
REQUIREMENTS OF JOB PERFORMANCE
In order to provide our students with the best possible care and to ensure their safety and well being, staff are reminded of the following requirements:
All HEC staff must be awake, alert and attentive to their duties during their assigned work hours. Staff are not permitted to sleep during their breaks. You must report to your supervisor any staff person you discover sleeping on the job.
Only pre-approved electronic devices may be used while on duty. Overnight staff may have
TV’s on, if the TV’s are located in an area where staff can physically see children. If staff cannot
see children while watching TV due to TV’s location, then TV is prohibited. While on break, however, the TV can be watched.
Staff are not permitted to leave campus during their breaks without supervisory approval. When staff does leave campus during their shift after receiving supervisory approval, they must sign out and then back in on campus log.
On overnight shifts, room checks must be performed on a regular basis, according to campus policy and documented accurately.
Failure to comply with these directives will result in disciplinary action up to and including termination of employment.
PROFESSIONAL STANDARDS (Ethical Standards)
All employees of HEC are considered to be professionals in their respective positions and are expected to perform their duties in a professional manner, which reflects in a positive way on
themselves, their agency, and the students that they serve. HEC expects all of its employees to practice standards of performance, conduct, and behavior in the following manner:
Employees should give conscientious and consistent effort to their assigned jobs, and accept full responsibility for all duties related to that job, including punctuality and daily attendance.
Employees should treat co-workers and supervisors with courtesy and abide by the decisions of their supervisors. Employees may make suggestions, but the final decision or instruction given by their supervisors must be accepted and implemented.
Employees should work to the best of their abilities and maintain the best quality of work possible. Employees should communicate with their supervisors for clarification of job responsibilities or for further instruction, since the supervisors are accountable for their performance.
Employees’ conduct should be honest and above reproach, both on and off HEC property. Employees should avoid becoming involved in any activity that could be considered unacceptable or illegal in the community at large. Outside of work, others perceive employees as representatives of the organization. If any employees are not sure of the intent or application of any personnel policy or regulation, they should ask their supervisors for clarification or interpretation.
Equipment and property of HEC is available to staff on all sites, and should be treated with care and respect. While normal wear and tear is expected on equipment and property, when staff damages property or equipment due to negligence or deliberate destruction, they will be subject to disciplinary action. Other resources, such as books, tapes, etc., are available to staff, and it is expected that these materials are treated carefully, as with other equipment and property of HEC.
POLICY ON PROFESSIONAL BOUNDARIES
Staff are required to read and comply with the full policy which is found in Chapter 4, “Care of
Students”, of HEC Policies and Procedures.
By its very nature, residential care and treatment with children and adolescents sometimes involves intense interpersonal dynamics and some intensely intimate aspects of the lives of students. The nature of our work can result in complicated emotions and strong personal feelings and/or relationships among staff and students. The familiarity that develops between staff and residential students also contributes to a relationship that may be so comfortable at times that feelings and responses may be more personal than professional. However, nurturance, acceptance, encouragement, and support can and must be provided by staff while still maintaining professional boundaries.
Staff are expected to observe appropriate and professional conduct, including boundary maintenance, at all times. Failure to maintain professional conduct and to observe appropriate and professional boundaries will result in disciplinary action up to and including termination from employment.
Similarly, during any form of contact with a student’s family, guardian, or advocate, or with any representative an outside agency, staff are expected to act in a professional manner. For example, at no time during a professional contact may staff violate professional boundaries, form personal relationship or share personal information.
The best interests of the student, and associated Hillcrest policies and procedures, are the highest priorities, and the deciding factors in relationships between current/former staff and current/former students, and in possible boundary violations.
It is our responsibility, not the student’s, to maintain appropriate boundaries in our professional relationships with students. Initiation and or consent by the student for behavior that constitutes a boundary violation between staff and student is not an excuse or justification.
It is important that staff maintain a professional and personal support structure that provides for feedback and advice on the management of boundary issues as it impacts on their work with students and coworkers.
A staff’s termination of employment with Hillcrest, and/or the transfer or discharge of a student from Hillcrest Educational Centers’ care and treatment does not absolve staff’s responsibility to observe and respect professional boundaries and ethics.
POLICY ON STAFF CONTACT AND RELATIONSHIPS WITH STUDENTS
Staff are required to read and comply with the full policy which is found in Chapter 4, Care of
Students”, of HEC Policies and Procedures.
All contacts and relationships between staff and students, current and/or former, and their families, guardians and agencies, must be strictly professional in nature and function, regardless of the employment status of the staff (i.e., currently or formerly employed by HEC) or the placement status of the student (i.e., current or former student). This, in fact, is the only way to insure that staff – student contact and relationships are appropriate and therapeutic in nature.
Any and all desired contacts and/or relationships between current and/or former HEC staff and current and/or former HEC students (and their families, guardians and agencies) that are outside the parameters of the staff member’s role and/or job description, and which therefore might constitute personal relationship or contact, must be discussed in advance with the campus Program Director and/or the agency Executive Vice President or CEO and be determined by them to be in the best interest of the current or former student. Such desired relationships and/or contacts may only be conducted with the knowledge and approval of the campus Program Director and/or the agency Executive Vice President or CEO.
Any such relationship and/or contacts between current and/or former HEC staff and current and/or former HEC students (and their families, guardians and agencies) that are not approved in advance will be considered to be in violation of HEC policies, procedures and professional
ethics. Such an unapproved relationship and/or contact will be cause for disciplinary action for a current employee who engages in such action, up to and including termination from
Employment. Legal or administrative action or referral may be initiated against former employees who violate this policy or when there is reason to believe this policy has been violated.
CONFLICTS OF INTEREST
A conflict of interest occurs when:
• there is a risk that care, treatment and welfare of Hillcrest students or patient welfare will be compromised by a secondary interest of a personal, commercial, political, academic or financial nature.
• an employee’s outside employment, personal or private interests interfere or conflict with
the best interests of the students or the employee’s own professional responsibilities at
HEC.
The conflict may be actual, perceived or potential. A conflict of interest may affect care, clinical practice, education, administration or research. It may or may not lead to undesirable outcomes. However, a conflict of interest may exist whether or not an employee is actually swayed by and acts on the competing interest.
Priorities & Principals
Hillcrest has many employees, and these employees have numerous and sometimes complex
relationships with public and private entities. Therefore, the agency must be aware of any relationships involving personal or financial interest or gain that may compromise or appear to compromise the agency’s integrity, clients and/or services. As described below, staff must discuss with their supervisor or an agency administrator any questions or situation that may potentially pose a conflict of interest so that a constructive resolution to the matter can be achieved.
HEC employees, in all positions, departments and at all levels must understand that their professional priorities and responsibilities are first, to the students and second, to the integrity of the agency and the agency’s services. The professional behavior of all employees must be consistent with this understanding.
When ethical problems arise, if they are not managed effectively, the integrity of the organization and the objectivity of the organization’s services are at stake, and trust may be eroded at every level.
Managing Conflicts of Interest
On the organizational level:
Each year, HEC reviews its relationships with other care providers, educational institutions,
manufacturers, and payors to determine whether conflicts of interest exist and whether the relationships are consistent with law and regulation. Any conflicts of interest that are discovered during the annual review will be resolved decisively and in a timely fashion.
On the individual employee level:
All potential or actual conflicts of interest must be reported in a timely and complete fashion.
HEC staff who may have a conflict of interest should discuss the situation with their supervisor or an agency administrator. When a possible conflict of interest is discovered or reported, the facts of the situation will be thoroughly referred to and be objectively analyzed by an ad hoc Conflict of Interest Review Committee. The COIRC will determine if a conflict of interest, or the potentially damaging appearance of a conflict of interest may exist. If it is determined by the COIRC that a conflict of interest, or the potentially damaging appearance of a conflict of interest may or does exist, a plan will be developed and implemented by senior management to manage
or eliminate the conflict.
Conflict of Interest Review Committee
The COIRC is an ad hoc committee comprised of members of the senior and/or secondary management team who do not have any direct connection with possible COI.
The function of the COIRC is to review and evaluate the facts of a specific potential conflict of interest. Based on this review and evaluation, the COIRC will provide it s findings and any recommendations to Administration.
The President/CEO or his designee will select the members of the COIRC, some of whom may be drawn from the Human Rights and Organizational Ethics Committee.
INTERNAL INVESTIGATION POLICY AND PROCEDURES
Staff are required to read and comply with the full policy which is found in Chapter5, “Urgent
Events and Emergencies”, of HEC Policies and Procedures.
Hillcrest is committed to providing safe and effective services to our students. Safety and effectiveness go hand in hand. In order for students to be able to concentrate on their treatment and education, they must feel safe and protected. In order for staff to be able to focus on the care, treatment and education of students, they must feel safe and protected.
Allegations and indications of abuse and neglect, student complaints and grievances related to abuse or neglect, accidents, injuries and medical emergencies are taken very seriously. These types of events result in a timely exploration and inquiry into the event, and in a timely, thorough and objective internal investigation, if indicated by the initial inquiry or by the nature of the
event itself.
All internal investigations are authorized by Hillcrest’s Executive Vice President or designee. Program Directors conduct or authorize preliminary explorations and inquiries into allegations/complaints/events.
Depending on the nature of the incident or event, staff alleged to have been involved in the incident or event may be suspended pending the results of the investigation. Payment for time suspended, or continuation of employment, would be determined, based on the outcome of the