In
addition to the powers and duties under RCW 72.40.022 and 72.40.024, the director of the Washington state center for
childhood deafness and hearing loss, or the director's designee,
and the superintendent of the state school for the blind shall:
(1) Develop written procedures for the supervision of
employees and volunteers who have the potential for contact with
students. Such procedures shall be designed to prevent child
abuse and neglect by providing for adequate supervision of such
employees and volunteers, taking into consideration such factors
as the student population served, architectural factors, and the
size of the facility. Such procedures shall include, but need
not be limited to, the following:
(a) Staffing patterns and the rationale for such;
(b) Responsibilities of supervisors;
(c) The method by which staff and volunteers are made aware
of the identity of all supervisors, including designated on-site
supervisors;
(d) Provision of written supervisory guidelines to employees
and volunteers;
(e) Periodic supervisory conferences for employees and
volunteers; and
(f) Written performance evaluations of staff to be conducted
by supervisors in a manner consistent with applicable provisions
of the civil service law.
(2) Develop written procedures for the protection of
students when there is reason to believe an incident has occurred
which would render a minor student an abused or neglected child
within the meaning of RCW 26.44.020. Such procedures shall
include, but need not be limited to, the following:
(a) Investigation. Immediately upon notification that a
report of child abuse or neglect has been made to the department
of social and health services or a law enforcement agency, the
superintendent or the director, or the director's designee,
shall:
(i) Preserve any potential evidence through such actions as
securing the area where suspected abuse or neglect occurred;
(ii) Obtain proper and prompt medical evaluation and
treatment, as needed, with documentation of any evidence of abuse
or neglect; and
(iii) Provide necessary assistance to the department of
social and health services and local law enforcement in their
investigations;
(b) Safety. Upon notification that a report of suspected
child abuse or neglect has been made to the department of social
and health services or a law enforcement agency, the
superintendent or the director or his or her designee, with
consideration for causing as little disruption as possible to the
daily routines of the students, shall evaluate the situation and
immediately take appropriate action to assure the health and
safety of the students involved in the report and of any other
students similarly situated, and take such additional action as
is necessary to prevent future acts of abuse or neglect. Such
action may include:
(i) Consistent with federal and state law:
(A) Removing the alleged perpetrator from the school;
(B) Increasing the degree of supervision of the alleged
perpetrator; and
(C) Initiating appropriate disciplinary action against the
alleged perpetrator;
(ii) Provision of increased training and increased
supervision to volunteers and staff pertinent to the prevention
and remediation of abuse and neglect;
(iii) Temporary removal of the students from a program and
reassignment of the students within the school, as an emergency
measure, if it is determined that there is a risk to the health
or safety of such students in remaining in that program.
Whenever a student is removed, pursuant to this subsection
(2)(b)(iii), from a special education program or service
specified in his or her individualized education program, the
action shall be reviewed in an individualized education program
meeting; and
(iv) Provision of counseling to the students involved in the
report or any other students, as appropriate;
(c) Corrective action plans. Upon receipt of the results of
an investigation by the department of social and health services
pursuant to a report of suspected child abuse or neglect, the
superintendent or the director, or the director's designee, after
consideration of any recommendations by the department of social
and health services for preventive and remedial action, shall
implement a written plan of action designed to assure the
continued health and safety of students and to provide for the
prevention of future acts of abuse or neglect.
[2009 c 381 § 20; 2000 c 125 § 6.]
NOTES:
Findings -- Intent -- 2009 c 381: See note following RCW 72.40.015.
Conflict with federal requirements -- 2000 c 125: See note following RCW 72.40.200.