Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 331 - UNUSUAL INCIDENTS › Appendix A - Types of Unusual Incidents

Current through Register Vol. 48, No. 28, July 12, 2024
Abuse of a Ward Alleged
A caregiver, parent or immediate family member, or
				any person responsible for the child's welfare, or any individual residing in
				the same home as the child or a paramour of the child's parent is alleged to
				have inflicted, caused to be inflicted, or allowed to be inflicted upon a ward
				physical or mental injury, by other than accidental means, which causes death,
				disfigurement, impairment of physical or emotional health, or loss or
				impairment of any bodily function to a ward.
Accident Involving a Ward
A child for whom the Department is legally
				responsible has experienced an unexpected and undesirable event that poses a
				threat to the ward's physical safety and well-being. Accidents include, but are
				not limited to, car accidents, sports accidents, falls within a facility or
				during a field trip.
Accidental Injury/Wound
In the case of a wound, a ward has unexpectedly
				received an injury in which the skin or other external surface is torn,
				pierced, or cut through unintentional means. An injury can encompass conditions
				such as burns, broken bones, severe sprains, etc. For either a wound or an
				injury to be reportable, the child or youth must have required medical
				attention.
Aggressive Act or Behavior by a Ward Alleged
A ward has engaged in serious aggressive physical
				behavior toward people, animals, property or other objects, posing a clear and
				present risk of injury to the child or youth or others.
Alcohol or Substance Abuse by a Ward Suspected
Suspected alcohol or substance abuse means that a
				caregiver or other person has reason to believe that a child or youth has
				illegally consumed alcohol; used or is using cannabis or a controlled substance
				(as defined by the Illinois Controlled Substance Act [720 ILCS 570 ]) without a
				physician's prescription; or is using or has used inhalants or other substances
				intended to have an intoxicating or hallucinogenic effect that may result in
				clinical dependency.
Assault of a Ward Alleged
As a result of threats, assault, and/or physical
				contact, a ward is placed in reasonable fear (apprehension) of receiving or
				actually sustaining great bodily harm from another individual without legal
				justification, e.g., was held at knife point.
Bribery or Attempted Bribery of a DCFS Employee
Any instance in which a DCFS employee accepted or is
				given, offered, or promised something such as money or favor to influence the
				employee's judgment or conduct in the performance of official duties is bribery
				or attempted bribery.
Crime: Foster Parent Suspected, Arrested or Convicted
A foster parent or relative caregiver is suspected
				of committing a crime or has been arrested or convicted of a criminal act as
				defined in the Illinois Criminal Code of 1961 [720 ILCS 5 ] (Criminal
				Code).
Crime: Employee Arrested, Charged with or Convicted
A Department or purchase of service (POS) employee
				has been arrested, charged with or convicted of a criminal act as defined in
				the Criminal Code.
Crime: Ward Detained, Arrested, Charged with or
				Convicted
A ward has been detained or taken into custody by
				law enforcement authorities, charged with committing a crime, or convicted of
				committing a criminal act as defined in the Criminal Code. A follow-up report
				is required in the event the ward is convicted.
Death of a DCFS Ward
A child dies while in the legal custody or
				guardianship of the Department, regardless of the cause of death and regardless
				of whether the child was supervised directly by the Department or by a POS
				provider.
Death of a Former Ward
A child for whom the Department was legally
				responsible dies within one year after discharge from guardianship or custody
				of the Department.
Death of a Non-Ward
A child has died and the Department has current or
				prior involvement with the family, or a child has died in a facility licensed
				by the Department, such as a foster home or day care center. Current
				involvement may include a pending child abuse and neglect investigation or an
				open intact family service case. Prior involvement may include, but is not
				limited to, being a subject in a previous child abuse or neglect investigation,
				or a member of a closed intact family service case.
Falsification of Credentials or Records
Falsification of credentials means that a job
				applicant or a DCFS or private agency employee submits or has submitted a job
				application, academic records, employment record, license or certification, or
				similar document to establish eligibility for employment or continued
				employment, or used in determining the individual's eligibility for an
				appointment, reassignment, promotion or leave, or other employment decisions
				that falsely states the qualifications or achievements of the
				individual.
Falsification of records or statements includes an
				act of misrepresentation, falsification or omission of any fact in a written or
				verbal communication by a Department employee or an employee of a POS agency.
				Records may include client or case records, court testimony, vouchers,
				personnel records, and time and attendance records.
Fire/Natural Disaster Damaged or Affected Facility/Home
Natural disaster means those situations caused by
				nature that are a significant threat of harm to the safety of employees or
				clients in either a Department or POS provider facility/home. Natural disasters
				include tornado, flood, earthquake, severe winter storms. Utility emergencies
				such as gas leaks are included in this category. To be reported as an unusual
				incident, customary operations, routines or relationships at the facility/home
				must be disrupted.
Firearms - Employee, other than Law Enforcement Officer, Has
				Firearms on Premises
A Department employee or employee of a private
				agency brought a firearm onto facility property, including parking lots (other
				than by a law enforcement officer). "Firearm" means a handgun, sawed-off
				shotgun, sawed-off rifle, semiautomatic firearm, machine gun, rifle, shotgun,
				spring gun and stun gun and includes other firearms small enough to be
				concealed upon the person or in a briefcase or purse, or in a State-owned or
				private vehicle.
Hazardous/Physical Condition Discovered at Facility
A dangerous condition exists in a child-care
				facility and presents a threat to the physical well-being of children, staff,
				or other persons at the facility. This category usually pertains to the
				condition of the physical plant or grounds, or to materials, implements or
				weapons stored in or around the facility.
Kidnapping/Abduction of a Ward
A child or youth for whom the Department is legally
				responsible was seized and detained unlawfully by a person without the consent
				of either the caregiver or guardian.
Legal Action By/Against a Child Care Facility Resulting from a
				Serious Incident
An incident involving a ward, employee of the
				Department or child care facility in which legal proceedings have been, or may
				be, initiated against the Department or child care facility by the ward,
				employee or facility.
Manual Restraint
See "Restraint of a Ward, Manual".
Media Involvement/Media Inquiry
Media involvement or inquiry means any incident that
				may have media impact and is not part of a planned public announcement,
				education or similar effort. Media involvement or inquiries may focus on a
				child or youth for whom the Department is legally responsible, persons served
				by the Department, child care facilities licensed by the Department, staff of
				the Department or a POS provider or on litigation affecting a POS
				provider.
Medical Emergency
Medical emergency means any urgent situation
				requiring that a child or youth be seen by a physician on-site or transported
				to an urgent care clinic, doctor's office or hospital emergency room for
				immediate treatment. Immediate medical intervention is required to address the
				medical problem or condition that threatens the child's health or well-being,
				but does not result in admission to a hospital.
Medical Hospitalization
A medical or health problem or condition requires
				admission of a ward to a hospital for examination, observation or treatment for
				other than for mental health reasons.
Medication - Adverse Reaction
An adverse reaction is an unanticipated and negative
				reaction to a medication. Symptoms may include itching, hives, dizziness,
				abdominal cramping or headache. Anaphylactic reaction is a life-threatening
				medical emergency as symptoms may include difficulty in breathing, bleeding,
				confusion or loss of consciousness.
Medication Dispensing Error
A ward received an incorrect dosage of a
				prescription or non-prescription (over the counter) medication, posing a risk
				to the child's ongoing health or well-being.
Medication - Ward Refusal
A ward refused to take his/her prescribed medication
				and failure to do so may jeopardize the health or well being of the
				child.
Misrepresentation of Services or Cost of Services
Misrepresentation of services means that services
				were reported as having been provided to a person served by either the
				Department or a purchase of service provider when those services were not
				provided, or that the services were provided for a period of time or under
				conditions other than those reported. Such misrepresentation may occur in
				reports to the Department, the courts, auditors or others acting on behalf of
				the Department.
Misrepresentation of the costs of services means the
				actual costs to provide service were intentionally inflated to produce a larger
				billing or payment than one is entitled to for the services provided.
				Misrepresentation of the cost of services includes deliberately understating
				the cost of providing services in order to gain advantage in a competitive
				bidding situation.
Neglect of a Ward Alleged
A child for whom the Department is legally
				responsible is allegedly not receiving proper or necessary nourishment, medical
				care or routine care.
Pregnant or Parenting Ward Identified
Parenting ward includes both females and males for
				whom the Department is legally responsible, regardless of whether the ward's
				child remains in the custody of the ward.
Property Damage of $50 or More by a Ward
An incident has occurred in which the actions of a
				ward resulted in damage to the property of others and there is a potential
				liability claim against the Department for damages of $50 or more.
Psychiatric Emergency
A psychiatric emergency is a situation in which
				behaviors or symptoms arising from an emotional disturbance or mental illness
				place a child or youth or others at risk for harm to self or others. A
				psychiatric emergency requires crisis intervention by a psychiatrist or other
				mental health professional, in whatever setting, to reduce the risk of injury
				to the child or youth or to others.
Psychiatric Hospitalization
An incident or episode has occurred in which a ward
				has been admitted to a hospital or psychiatric facility for examination,
				observation or treatment for mental health reasons.
Psychotropic Medication - Emergency Administration
Psychotropic medications were administered on an
				emergency basis to reduce the risk of harm to the child, youth or others. All
				emergency psychotropic medications must be ordered by a psychiatrist and be
				subject to post-approval by telefax or telephone to the consent line in the
				Office of the Guardianship Administrator, as described in 89 Ill. Adm. Code 325
				(Administration of Psychotropic Medications to Children for Whom the Department
				of Children and Family Services is Legally Responsible). In accordance with
				Department policies (89 Ill. Adm. Code 325 (Administration of Psychotropic
				Medications to Children for whom the Department is Legally Responsible),
				emergency medications may not continue for more than 48 hours, excluding
				Saturdays, Sundays and holidays. The use of chemical restraint or the
				introduction of medication for the express purpose of restricting a child's or
				youth's movement is prohibited.
Report Against DCFS or POS Worker Involving a Ward
				Alleged
An employee of the Department or a POS provider is
				alleged to have put a ward's safety or well-being in jeopardy. The direct child
				welfare services employee license of an individual who is named as an alleged
				perpetrator in a pending child abuse or neglect investigation may be suspended
				or may not be reinstated, pending the outcome of the investigation. In
				accordance with 89 Ill. Adm. Code 412, Licensure of Child Welfare Employees or
				Supervisors, if the report is indicated by the Department, the Direct Child
				Welfare Services Employee License Board may suspend, revoke or refuse to
				reinstate the license of a direct child welfare services employee unless or
				until the indication is reversed on appeal or administrative court review. One
				of the other types of unusual incidents described in this Appendix may also be
				deemed appropriate for submission with this type of report.
Restraint of a Ward, Manual
The ward was the subject of a behavior management
				technique involving the use of physical contact or force, characterized by arm
				or body holds to physically restrict the child or youth and to protect him/her
				from injuring self or others. Physical restraint may only be used as an
				intervention when a child is a threat of physical harm to self or others. (The
				use of physical restraint is limited to secure child care facilities, child
				care institutions, group homes and youth emergency shelters licensed by the
				Department. No other facility licensed by the Department is authorized to use
				manual restraint.) Manual restraint or physical restraint is further defined in
				89 Ill. Adm. Code 384 (Discipline and Behavior Management in Child Care
				Facilities).
Restraint Results in Injury to a Ward
A ward sustained a physical injury while being
				restrained by a responsible caregiver. The injury must have been accidental and
				occurred during the course of the restraint. Physical restraint is a behavior
				management technique involving the use of physical contact or force,
				characterized by measures such as arm or body holds, to protect a child from
				injuring himself/herself or others. Examples of injuries that are likely to
				occur during restraint include broken bones, bruises, bumps, strains and rug
				burns.
Robbery/Burglary Occurred on Premises
Both DCFS and POS facilities must submit an Unusual
				Incident Report if a burglary or robbery occurs. Law enforcement must also be
				notified.
Runaway/ Missing Ward
A runaway or missing ward must be reported when a
				responsible facility representative, a caregiver or law enforcement becomes
				aware that the whereabouts of a ward are unknown.
"Missing" means that a child or youth is absent from
				the residence of a caregiver or the premises of a child care facility without
				the knowledge or consent of the persons responsible for the child's welfare,
				the whereabouts of the youth are unknown, and the intent to run away has not
				been established.
"Runaway" means a child or youth who is absent from
				the residence of a caregiver or the premises of a child care facility without
				the consent of the persons responsible for the child's or youth's welfare, when
				the whereabouts of the child or youth are unknown and the intent to run away
				has been established.
A child or youth must be reported as missing or
				having run away as soon as a search of the home or facility is completed and it
				is confirmed that the youth has left the home/campus without permission. The
				absence is to be reported even when the child or youth returns in a short
				period of time.
School - Ward Expelled
A ward has been barred from educational classes and
				the use of school facilities for up to two calendar years.
School - Ward Suspended
A ward has been temporarily barred from attending
				educational classes and access to school facilities or school bus. "Suspension"
				is usually for up to 10 school days, but may be longer for safety reasons, as
				determined by school authorities.
Seclusion of a Ward
A child or youth was removed from an area to a
				specifically designated room from which egress is restricted. The Department,
				in accordance with 89 Ill. Adm. Code 384, must approve the room that is
				designated as a seclusion room. Seclusion is a behavior management technique
				limited in its use to secure child care facilities, child care institutions,
				group homes, and youth emergency shelter licensed by the Department. No other
				facility licensed by the Department is authorized to use seclusion.
Self-inflicted Injury/Wound
A ward has deliberately inflicted an injury or wound
				upon himself or herself and direct care of the site of the injury is needed or
				required. Depending on the extent or severity of the injury or wound, care may
				be provided by the caregiver, other lay person or a medical
				professional.
Sexual Abuse of a Ward Alleged
A child for whom the Department is legally
				responsible has allegedly been sexually abused by a parent or responsible
				caregiver, immediate family member, other person residing in the home, parent's
				paramour, or other person responsible for the child's welfare as defined by 89
				Ill. Adm. Code 300 (Reports of Child Abuse and Neglect).
Sexually Aggressive Behavior by a Ward Alleged
Sexually aggressive behavior means sexual behaviors
				that are intrusive or potentially harmful to others. Sexually aggressive
				behavior may involve children/youth who are not peers (not at the same
				developmental level) and may be accompanied by pressure or coercion to
				participate or the use of force, threat of harm or violence.
Sexual Assault of a Ward Alleged
A child for whom the Department is legally
				responsible has allegedly been the victim of a forceful threat and use of force
				in submitting to (carrying out) a sexual act by a person who is not the child's
				caregiver, immediate family member, other person residing in the home, parent's
				paramour, or other person responsible for the child's welfare. Examples include
				rape, attempted rape, date rape.
Sexually Problematic Behavior by a Ward Alleged
Sexually problematic behaviors in children and youth
				are sexual behaviors that are compulsive, excessive, persistent and/or
				inconsistent with the child's age and development. They may include
				masturbation in inappropriate places; simulating sex with other children, toys,
				furniture or animals; or, as children become older, promiscuity, touching or
				fondling others (outside of play or consensual sexual activities with peers) or
				other boundary problems like kissing others on the lips or unwelcome, unwanted,
				and intrusive touching.
Suicide Attempt by a Ward
A ward intentionally, but unsuccessfully, attempted
				to take his/her own life.
Suicide Ideation/Threat by a Ward
A ward expresses or conveys to a caregiver or others
				a mental image of committing suicide.
Threats Against DCFS/POS Staff or Facility, Including Bomb
				Threats, Firearms, or Riot/Mob Action
A threat is a communication that forewarns of the
				intent to inflict physical, emotional or any other harm to an individual or to
				subject an individual to physical confinement or restraint. Riot and/or mob
				action refers to situations in which two or more persons are gathered with the
				intent to do harm to a person or persons in a Department or POS provider
				building or property.
Violation of a Court Order
An order relating to a ward or Department client
				issued by a court, whether juvenile, criminal or civil, was violated, placing
				the ward's safety and well-being in jeopardy. Examples include violations of
				Orders of Protection prohibiting contact with wards, failure to render court
				ordered services, etc.
Weapon Alleged to be in Ward's Possession
A ward had in his/her possession an instrument that
				is capable of producing death or serious bodily injury when used for its
				intrinsic purpose, or that has the potential to cause serious bodily injury or
				endanger a life because of the way it is used, the way it is attempted to be
				used or the force with which it is used. The term weapon includes firearms,
				knives, clubs, and explosive devices.