Special Incident Reporting Requirements South Central Los Angeles

Special Incident Reporting Requirements South Central Los Angeles Regional Center Vendor Technical Assistance Training July 2017

Housekeeping • • • Restrooms Cell Phones Introductions Handouts Training Outline 2

Training Outline • Mandated Reporters – Legal Obligations and Responsibility – Penalties and Safeguards • Special Incident Reports – Special Incident Report – Who is Required to Report and to Whom do They Report – What is Reported • Types of Incidents • Content Requirements – When are Reports Due • Timelines – Where and How are Reports Submitted – Activity, Discussion and Questions 3

Who is a Mandated Reporter • In the scope of their employment, an individual who has a special relationship or contact with a consumer or a facility or program. • Is legally required to report if he/she knows of an actual or have a reasonable suspicion of an abuse or neglect. • Includes: – Care Custodians – Health Practitioners – Clergy** – Other 4

Legal Obligations in California • Telephone “Protective Service Agency” as soon as possible. • File a written report. 5

Employer’s Responsibility • Required to inform employees of their responsibilities. • Required to have employees sign a statement to the effect that he/she has knowledge of the provisions of the Mandated Reporter Law, and will comply with those provisions. • Keep blank forms on file at all times. • Maintain good record keeping and documentation. 6

Penalties • GUILTY of a misdemeanor crime. • Punishment includes: – Six months in county jail – Up to $1, 000 in fines. – Loss of license or credential 7

Employee Safeguards • Cannot be prevented from reporting. • Cannot lose their job for making a report. • Identity if kept confidential. • Not required to inform parents of the report. • Employers must inform employees of their responsibilities. 8

Special Incidents Documentation prepared by vendor staff or long-term health care facility staff detailing a special incident and provided to the regional center.

Why Write and Submit the Report CLIENT SERVICES • Documented data is available to analyze and use to ensure the client’s health and safety in future STATE REQUIREMENTS • Satisfy regulations • Ensure accurate data is available • Analyze and trend incident data • To meet personal and professional responsibility 10

Who is Required to Report • All vendors and long-term health care facilities must report incidents during the time the consumer was receiving services and supports. 11

Who Receives the Report • Regional Centers • If you are a licensed facility or program: – Department of Social Services’ Community Care Licensing Division – Department of Health Services’ Licensing and Certification Division 12

Vendoring Regional Center v. Case Management Responsibility When the regional center with case management responsibility is not the vendoring regional center, a special incident must be reported to BOTH parties. 13

What Do You Report (#) • • Suspected Abuse/Exploitation Suspected Neglect Serious Injury/ Accident Unplanned or Unscheduled Hospitalization Crime Victim Missing Person Death 14

Additional Reporting Per Regional Center • Serious Injury/Accident – Injury from all accidents – Injury of unknown origin – Injury from a seizure – Injury from another consumer – Injury from a behavioral episode 15

Additional Reporting Per Regional Center • Aggression – Act to self – Act to another consumer – Act to staff – Act to family member – Act to visitor 16

Additional Reporting Per Regional Center • Other Incidents – Rights Violation – Pregnancy – Disease Outbreak – Fire – Suicide Attempt – Threatened Suicide 17

Additional Reporting Per Regional Center • Other Incidents – Medical Emergency – Property Damage – Sexual Incident (not rape) – Unauthorized Absence (law enforcement notified) 18

Content Requirements • Name, address and telephone number • Date, time and location of the special incident • Name(s) and date(s) of birth of the consumer(s) involved • Description of the Special Incident 19

Content Requirements • Description of the alleged perpetrator(s) – Age, height, occupation, relationship to consumer • Treatment provided • Name and address(es) of witness(es) • Action taken by the vendor, the consumer or any other agency(ies) or individual(s) 20

Content Requirements • Law enforcement, licensing, protective services • Other agencies, individuals notified of the special incident or involved in the special incident • Family member(s) or the consumer’s authorized representative who have been contacted and informed 21

The Incident Description • Thorough • Accurate • Clear • Grammatical 22

Description TIPS • Unless you witnessed the incident, don’t write as if you did • Document what witnesses reported to you • Don’t draw conclusions or make judgements 23

The Incident Response Cycle (#) • INCIDENT • Explore causes • Note and make necessary procedural, supervision or programming changes • Track follow-up & completion 24

Timelines • Verbal report immediately, by the end of the business day, but not more than 24 hours after learning of the occurrence. • Written report within 48 hours after the occurrence. • By telephone, electronic mail or fax. 25

Training Your Staff- All the Resources You Need • DDS. CA. GOV – SEARCH SIR OR SPECIAL INCIDENT REPORT (248 RESOURCES) – SEARCH DSPT OR DIRECT SUPPORT PROFESSIONAL TRAINING – CLICK LAWS AND REGULATIONS; CLICK TITLE 17; SEARCH 54327 26

The Incident – Would You Report Activity 1. You come to work on Monday morning and notice that Ben did not receive his seizure medication last evening. This is the 3 rd time the same staff failed to give Ben his seizure medication. 27

The Incident – Would You Report 2. Activity It was 3 am and Sharon reported that she didn’t feel well. She then vomited the dinner she had an hour earlier. She was hot to the touch and her skin flushed. 28

The Incident – Would You Report 3. Activity “JJ” returned from a weekend visit with his Aunt Lilla and Uncle John. JJ is limping and reports that his ankle hurts. 29

The Incident – Would You Report 4. Activity Noah was acting out. Not only was he yelling, throwing various items and hitting his peers. Staff implements CPI techniques by holding Noah on the ground and putting pressure on his chest. Their goal is to intervene in an effort to keep Noah and his peers safe. After Noah settles down, staff notices that his breathing is labored and he is slipping and out of consciousness. 30

The Incident – Would You Report 5. Activity Donna reports that she and Daryl had consensual sex while riding home on the van. She further reports that Jacob watched and then stated that it was his turn. She told him no, stating that she didn’t like Jacob. She then reported that he pushed her down and had sex with her anyway. Daryl egged him on. The van driver had headphones on and was listening to music as he drove the van. 31

The Incident – Would You Report 1. 2. 3. 4. 5. Activity Would you report and why? What additional information would you seek before reporting? Would you take any safety or treatment actions? What and why? What preventative measures would you take? Would you consider a disciplinary actions or a discipline policy? Discuss. 32

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