CODE OF CONDUCT
**Each Contractor/Grantee employee or volunteer and each Sub-Contractor/Grantee employee or volunteer who has interaction with clients must sign this “Code of Conduct” at the beginning of the grant or upon hire. A signed copy of this Code must be in employee’s/volunteer’s file subject to inspection and review by Department.**
The Contractor agrees that it shall adhere to the following Code of Conduct when providing services and shall require all others authorized through or engaged by the Contractor to perform services to follow the same Code of Conduct. The Provider Code of Conduct is in addition to all other contract requirements, policies, rules and regulations governing delivery of services to clients. The purpose of the code is to protect vulnerable clients from abuse, neglect, maltreatment and exploitation. The Code of Conduct clarifies the expectation of conduct for providers of contracted, licensed and certified programs and their employees, which includes administrative staff, non direct care staff, direct care staff, support services staff and any others when interacting with clients. Nothing in this Code shall be interpreted to mean that clients should not be held accountable for misbehavior or inappropriate behavior on their part, or that providers are restricted from instituting suitable consequences for such behavior. As used in this clause “Contractor” shall include, the contractor, its employees, officers, agents, representative or those contracted through the Contractor to perform services authorized by the contract.
Contractor, its agents or representatives authorized through it shall not abuse, sexually abuse or sexually exploit, neglect, exploit or maltreat; any client. Furthermore, no person shall cause physical injury to any client. All injury to clients (explained or unexplained) shall be documented in writing and immediately reported to supervisory personnel.
The Contractor shall not by acting, failing to act, encouragement to engage in, or failure to deter from will cause any client to be subject to abuse, sexual abuse or sexual exploitation, neglect, exploitation, or maltreatment. The Contractor shall not engage any client as an observer or participant in sexual acts. The Contractor shall not make clearly improper use of a client or their resources for profit or advantage.
Contractor understands and acknowledges that failure to comply with this Code of Conduct may result in corrective action, probation, suspension, and/or termination of contract, license or certification.
Clients protected by this clause shall include any person under the age of 18 years; and any person 18 years of age or older who is impaired because of mental illness, mental deficiency, physical illness or disability, use of drugs, intoxication, or other cause, to the extent that he is unable to care for his own personal safety, health or medical care; and is a participant in, or a recipient of a program or service contracted with, or licensed or certified by the Department of Workforce Services.
Abuse shall include the following, but is not limited to:
- Harm or threatened harm, meaning damage or threatened damage to the physical or emotional health and welfare of a client.
- Unlawful confinement.
- Deprivation of life-sustaining treatment.
- Physical injury including, but not limited to, any contusion of the skin, laceration,malnutrition, burn, fracture of any bone, subdural hematoma, injury to any internal organ,any injury causing bleeding, or any physical condition which imperils a client’s health or welfare
- Any type of physical hitting or corporal punishment inflicted in any manner upon the body.
Sexual abuse and sexual exploitation will include, but not be limited to:
- Engaging in sexual intercourse with any client.
- Touching the anus or any part of the genitals or otherwise taking indecent liberties with a client, or causing an individual to take indecent liberties with a client, with the intent to arouse or gratify the sexual desire of any person.
- Employing, using, persuading, inducing, enticing, or coercing a client to pose in the nude.
- Employing, using, persuading, inducing, enticing or coercing a client to engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording,or displaying in any way the sexual or simulated sexual conduct. This includes displaying, distributing, possessing for the purpose of distribution, or selling material depicting nudity, or engaging in sexual or simulated sexual conduct with a client.
- Committing or attempting to commit acts of sodomy or molestation with a client.
- This definition is not to include therapeutic processes used in the treatment of sexual deviancy or dysfunction which have been outlined in the clients treatment plan and is in accordance with written agency policy.
Neglect may include but is not limited to:
- Denial of sufficient nutrition.
- Denial of sufficient sleep.
Denial of sufficient clothing, or bedding.
- Failure to provide adequate supervision; including impairment of employee resulting in inadequate supervision. Impairment of an employee may include but is not limited to use of alcohol and drugs, illness, sleeping.
- Failure to arrange for medical care and/or medical treatment as prescribed or instructed by a physician when not contraindicated by agency after consultation with agency physician.
- Denial of sufficient shelter, except in accordance with the written agency policy.
Exploitation will include, but is not limited to:
- Utilizing the labor of a client without giving just or equivalent return except as part of a written agency policy which is in accordance with reasonable therapeutic interventions and goals.
- Using property belonging to clients.
- Acceptance of gifts as a condition of receipt of program services.
Maltreatment will include, but is not limited to:
- Physical exercises, such as running laps or performing push ups, except in accordance with an individual’s service plan and written agency policy.
- Chemical, mechanical or physical restraints except when authorized by individual’s service plan and administered by appropriate personnel or when threat of injury to the client or other person exists.
- Assignment of unduly physically strenuous or harsh work.
- Requiring or forcing the individual to take an uncomfortable position, such as squatting or bending, or requiring or forcing the individual to repeat physical movements when used solely as a means of punishment.
- Group punishments for misbehavior of individuals except in accordance with the written agency policy.
- Verbal abuse by agency personnel: engaging in language whose intent or result is demeaning to the client except in accordance with written agency policy which is in accordance with reasonable therapeutic interventions and goals.
- Denial of any essential program service solely for disciplinary purposes except in accordance with written agency policy.
- Denial of visiting or communication privileges with family or significant others solely for disciplinary purposes except in accordance with written agency policy.
- Requiring the individual to remain silent for long periods of time solely for the purpose of punishment.
- Extensive withholding of emotional response or stimulation.
- Exclusion of a client from entry to the residence except in accordance with the written agency policy.
Contractor agrees to document and report abuse, sexual abuse and sexual exploitation, neglect, maltreatment and exploitation as outlined in this Code and cooperate fully in any resulting investigation. Reports may be made by contacting the local Regional Office within 24 hours on the first available work day. All injury to clients (explained or unexplained) shall be documented in writing and immediately reported to the Department of Workforce Services.