6319 UNUSUAL INCIDENTS

6319.1 In this section, an "unusual incident" is an event that is significantly different from the regular routine or established procedure of the resident, the independent living program, or any person relevant to the resident.

6319.2 Unusual incidents include but are not limited to:

1. (a) The death of a resident;
2. (b) The death of a staff member while on duty or at the independent living program;
3. (c) The attempted suicide of a resident or staff member;
4. (d) A resident's suspension or expulsion from school or an alternative educational program;
5. (e) A resident is missing or has absconded;
6. (f) A resident's alleged delinquent or criminal behavior, including but not limited to the possession or use of controlled substances, or weapons;
7. (g) A resident is the victim of alleged delinquent or criminal behavior;
8. (h) A staff member's actual or alleged possession of a controlled substance, actual or alleged use of a controlled substance, or appearance of being under the influence of a controlled substance while on duty or at the independent living program;
9. (i) A staff member's dereliction of duty, unlawful or improper behavior, or fraud;
10. (j) A resident's injury, trauma, or illness requiring treatment at a hospital;
11. (k) A violation of a resident's rights as set forth in this Chapter;
12. (l) Any physical altercation involving a resident or staff member;
13. (m) Any sexual contact involving a resident who is less than eighteen (18) years of age;
14. (n) Any sexual contact between a resident and a staff member;
15. (o) Misuse of a resident's funds;

(p) An outbreak of a communicable disease;

(q) An incident requiring the services of the fire or police departments;

(r) An automobile accident involving residents or staff on duty;

(s) Destruction of government property;

(t) Any contact or visit, whether announced or unannounced, by the media or high-level government officials;

(u) A loss of any utilities, including but not limited to power, water, or sewage;

(v) Any condition which results in the independent living program's closure; and

(w) Any other occurrence or event which substantially interferes with a resident's health, welfare, living arrangement, or well-being, or in any way places a resident at risk.

6319.3 The independent living program shall report all unusual incidents to CFSA and the contracting entity.

6319.4 Except as provided by § 6319.5, the report shall be made orally as soon as possible, but in no event later than twenty-four (24) hours, and in writing no later than the next business day.

6319.5 An independent living program shall report alleged child abuse, neglect, or other risk to a resident's health and safety in accordance with § 6304.

6319.6 If a resident is missing or has absconded, the independent living program shall:

(a) Notify the law enforcement agency in the jurisdiction in which the resident resides and the contracting entity within one (1) hour after learning that a resident is missing or absconding; and

(b) Inform the law enforcement agency and the contracting entity immediately upon the resident's return to the independent living program.

6319.7 The independent living program shall establish and implement a written plan for the reporting of unusual incidents.

SOURCE: Final Rulemaking published at 49 DCR 1591 (February 22, 2002).