Section 331.40 Unusual Incidents Involving Children and Youth

Section 331

Section 331.40  Unusual

Incidents Involving Children and Youth

a)         Caregivers shall immediately report to the Department those

unusual incidents that involve any child or youth for whom the Department is

legally responsible on a form and in a manner prescribed by the Department.  Assigned

caseworkers shall instruct foster parents and relative caregivers to report

unusual incidents to the caseworker, who shall be responsible for reporting the

incident to the Department.  Further, Department employees shall immediately

report all unusual incidents to the appropriate administrator of the Department

region in which the unusual incident occurred and to the administrator in

charge of the operations of the Department or his or her designee.

b)         Events or occurrences that shall be reported to the Department

as unusual incidents when they involve a child or youth for whom the Department

is legally responsible include, but are not limited to:

1)         Abuse of a ward alleged;

2)         Neglect of a ward alleged;

3)         Sexual abuse of a ward alleged;

4)         Death of DCFS ward;

5)         Self-inflicted injury/wound to a ward;

6)         Accidental injury/wound to a ward;

7)         Restraint of a ward results in injury;

8)         Medication − ward refusal;

9)         Medical emergency;

10)         Medication dispensing error;

11)         Medication, adverse reaction;

12)         Psychiatric emergency;

13)         Medical hospitalization;

14)         Psychotropic medication − emergency administration;

15)         Psychiatric hospitalization;

16)         School − ward suspended;

17)         School − ward expelled;

18)         Crime − ward detained, arrested, charged with or

convicted of crime or act of delinquency;

19)         Restraint of a ward (manual);

20)         Seclusion of a ward;

21)         Runaway or missing ward;

22)         Weapon alleged to be in ward's possession;

23)         Alcohol or substance abuse by a ward suspected;

24)         Assault of a ward alleged;

School − ward expelled;

18)         Crime − ward detained, arrested, charged with or

convicted of crime or act of delinquency;

19)         Restraint of a ward (manual);

20)         Seclusion of a ward;

21)         Runaway or missing ward;

22)         Weapon alleged to be in ward's possession;

23)         Alcohol or substance abuse by a ward suspected;

24)         Assault of a ward alleged;

25)         Sexual assault of a ward alleged;

26)         Sexually aggressive behavior by a ward alleged;

27)         Sexually problematic behavior by a ward alleged;

28)         Pregnant or parenting ward identified;

29)         Kidnapping or abduction of ward;

30)         Suicide attempt by ward;

31)         Suicide ideation/threat by ward;

32)         Property damage of $50 or more;

33)         Aggressive act or behavior by a ward alleged;

34)         Death of a former ward;

35)         Death of a non-ward; and

36)         Accident involving ward.

c)         The death of a child or youth for whom the Department had

previous legal responsibility shall be reported as an unusual incident when the

death is made known to the staff of the Department or a purchase of service

provider, and the death occurs within one year after discharge from

guardianship or custody of the Department.

d)         Any child whose death is reported to the State Central

Register as a result of alleged child abuse or neglect shall be treated as an

unusual incident in accordance with this Part.

e)         Alleged child abuse or neglect reported as an unusual incident

shall also be reported immediately to the State Central Register, in accordance

with 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect).  Action taken

shall be in accordance with those rules.

f)         Unusual incidents involving children or youth for whom the

Department is legally responsible shall be reported immediately to the

Department by telephone and other electronic means in a manner and form prescribed

by the Department

e Central Register, in accordance

with 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect).  Action taken

shall be in accordance with those rules.

f)         Unusual incidents involving children or youth for whom the

Department is legally responsible shall be reported immediately to the

Department by telephone and other electronic means in a manner and form prescribed

by the Department. Verbal reports shall be confirmed in a manner and  form prescribed

by the Department within two working days after the occurrence.

g)         Any usual incident that involves the death, assault, sexual

assault, abduction or kidnapping of a child or youth for whom the Department is

legally responsible shall be reported immediately to appropriate law

enforcement authorities.  Further, that a child or youth is missing or has run

away shall be reported to law enforcement authorities as soon as the caregiver

has reason to believe that the child or youth has run away or is missing.

h)         In addition to filing an unusual incident report, any incident

that involves death, assault, sexual assault, abduction or kidnapping of a

child or youth that occurs on the premises of a Department facility shall be

reported immediately, by phone, to the administrator in charge of the

operations of the Department or his or her designee and to the Department's

Inspector General.  Any other unusual incidents in Department facilities shall

be reported to the administrator in charge of the operations of the Department

or his or her designee in the manner prescribed by this Part.

i)          Immediately upon receipt of a report indicating that a child

or youth for whom the Department is legally responsible has been the subject of

abuse or neglect, is deceased, is the subject of an abduction or kidnapping, or

has been on an unauthorized absence of more than 24 hours, the Department shall

notify the parents, guardian or legal custodian

the manner prescribed by this Part.

i)          Immediately upon receipt of a report indicating that a child

or youth for whom the Department is legally responsible has been the subject of

abuse or neglect, is deceased, is the subject of an abduction or kidnapping, or

has been on an unauthorized absence of more than 24 hours, the Department shall

notify the parents, guardian or legal custodian.  If the parents, guardian or

legal custodian is unavailable, the Department shall notify the next of kin or

other family member of the unusual incident.

j)          When an incident described in this Section involves a child

or youth for whom the Department is legally responsible who is in the direct

care of a child care facility other than the Department, the responsible child

care facility shall notify the parents, guardian or legal custodian, if other

than the Department.  If the parents, guardian or legal custodian is

unavailable, the child care facility shall notify the next of kin or other family

member of the unusual incident.  Information regarding that notification shall

be included in the facility's report to the Department regarding the incident.

k)         The Department may waive the requirement of reporting repeated

incidents described in subsection (b) when the Department determines that the

incidents are part of the behavior pattern of a particular child or youth, or

that the incidents are part of the individual treatment plan for a particular

child or youth.  The caregiver may apply to the Department for a waiver under

this provision in accordance with procedures prescribed by the Department.  The

caregiver must not discontinue reporting any unusual incidents until

authorization is formally granted by the Department, in accordance with procedures

prescribed by the Department.  The Department shall notify the child's attorney

or guardian ad litem of the waiver authorization

the Department for a waiver under

this provision in accordance with procedures prescribed by the Department.  The

caregiver must not discontinue reporting any unusual incidents until

authorization is formally granted by the Department, in accordance with procedures

prescribed by the Department.  The Department shall notify the child's attorney

or guardian ad litem of the waiver authorization.

AGENCY NOTE:

Terms used in this Section to describe unusual incidents have the meaning

ascribed to them by the Criminal Code of 1961 [720 ILCS 5] or 89 Ill. Adm. Code

300 (Reports of Child Abuse or Neglect), as applicable.