{"ref":"CA-HC-ANE-03","title":"Protecting Clients After an Allegation Against Staff","category":"Safeguarding","summary":"Sets what the Agency does when a staff member is accused of abusing, neglecting, stealing from or exploiting a client: make sure the mandated report is made, remove the person from all client contact and client information at once, protect the client, cooperate with investigators, carry out a fair internal review, act on the outcome, notify the Department when an aide leaves, and comply at once with any Department exclusion order.","inShort":["If someone says a staff member hurt, neglected or stole from a client, make sure the abuse report is made first.","The staff member is taken off all client visits at once while the Agency looks into it. This is a safety step, not a finding.","Keep all records and do not talk about the allegation with anyone who does not need to know.","Cooperate truthfully with APS, the police and the Department.","No one may be treated badly for raising a concern."],"primaryCitation":"Cal. Health & Safety Code §1796.54","citations":["Cal. Health & Safety Code §1796.54","Cal. Health & Safety Code §1796.43(a)(3)","Cal. Health & Safety Code §1796.38","Cal. Health & Safety Code §1796.42(c)","Cal. Health & Safety Code §1796.42(e)","Cal. Welf. & Inst. Code §15630(f)","Cal. Penal Code §11166(i)"],"federalCitations":[],"surveyorAsks":["What happens the moment a client accuses an aide of taking money?","Show me the record of your last allegation against a staff member and what you did."],"forms":[{"ref":"CA-HC-ANE-03-A","title":"Allegation Investigation Record"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (Cal. Health & Safety Code §1796.54)","5. First Steps (the Same Day)","6. Working with APS, Law Enforcement and the Department","7. The Internal Review","8. Outcome","9. When the Department Issues an Exclusion Order","10. When Employment Ends","11. Fairness and No Retaliation","12. Responsibilities","13. Records and Compliance Monitoring","14. Staff Training","15. References","16. Related Policies and Forms","17. Approval","18. Revision History"],"version":"1.0","sample":false,"pack":"ca-hca","state":"California","service":"Home care","guides":[{"path":"/guides/abuse-neglect-exploitation-reporting/","h1":"Abuse, neglect and exploitation policies: what each state requires"},{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}