Idaho Admin. Code r. 05.02.01.156

Current through September 2, 2024

Section 05.02.01.156 - INCIDENT REPORTING REQUIREMENTS

01.Incidents Requiring Immediate Notice to Parent or Guardian and Department. All notifications under this section must be made to the regional facility in the region where the Provider is located. Out-of-state Providers must notify the juvenile correctional center in Nampa. Providers must ensure that a detailed, written incident report is completed and signed by involved staff before the end of the shift during which the incident took place. If any of the following events occur, the Provider must immediately notify the juvenile offender's parent or guardian, juvenile services coordinator, juvenile probation officer, and the Department's regional facility by telephone (not by facsimile or electronically). The Department's regional R.N. must also be notified immediately in the event of all medical and mental health incidents.

a. Medical and mental health emergencies including, but not limited to:

i. Every instance of emergency room access;

ii. Refusal of medications, treatment recommended by a physician, or food for three (3) consecutive days;

b. Major incidents such as:

i. Death of a juvenile offender;

ii. Suicide, attempted suicide, or threat of suicide;

iii. Attempted escape;

iv. Sexual abuse among juvenile offenders or by staff including, but not limited to, incidents reportable under PREA;

v. Criminal activity resulting in arrest, detention, or filing a report with local law enforcement;

vi. Any other relevant report made to the Idaho Department of Health and Welfare or applicable state agency;

c. Any incident of restraint that involves the use of medications, chemicals, or mechanical devices of any kind;

d. Incidents of alleged or suspected abuse or neglect of juvenile offenders;

e. Incidents involving major disasters affecting location or well-being of the juveniles; and

f. Any restriction of a juvenile offender's family visitation due to the juvenile's behavior.

g. A written incident report must also be transmitted within twenty-four (24) hours to the juvenile services coordinator and the juvenile probation officer. Written notification is sent within twenty-four (24) hours to the juvenile offender's parent or guardian unless notification would endanger the juvenile. Transmission of all written incident reports may be electronic or by facsimile.

02.Escapes Also Require Immediate Notice to Parent or Guardian and Department. In all instances of escape, the Provider must immediately notify the juvenile correctional center in Nampa first, followed by the regional facility, juvenile offender's parent or guardian, juvenile services coordinator, and juvenile probation officer by telephone (not by facsimile or electronically). A written incident report must also be transmitted within twenty-four (24) hours to the juvenile services coordinator and the juvenile probation officer. Written notification is sent within twenty-four (24) hours to the juvenile offender's parent or guardian unless notification would endanger the juvenile offender. Transmission of all written incident reports may be electronic or by facsimile. Upon apprehension, all of the same parties must be notified immediately.

a. Clothing and other personal belongings must be secured immediately and maintained in a secure place until returned to the Department.

b. The juvenile offender shall continue to be assigned to the program, although not physically present, for up to forty-eight (48) hours. The program will be reimbursed for the days the juvenile offender was on escape status up to forty-eight (48) hours. Should the program, in consultation with the juvenile offender's treatment team, choose to transfer the juvenile offender after returning, the relevant procedures outlined in Subchapters B and C of these rules apply.

03.Incidents Requiring Immediate Notice to Department and Three Day Notice to Parent or Guardian. The following incidents require immediate notice to the juvenile services coordinator in the manner described in Subsection 156.01, and require notice within three (3) business days to parent or guardian of the juveniles involved.

a. Any use of separation or isolation for more than two (2) hours;

b. Incidents involving the disclosure of criminal behavior by juvenile offenders;

c. Instances of physical assault or fighting;

d. Major misconduct by one (1) or more staff against a juvenile offender;

e. Discovery of contraband that represents an immediate threat to safety and security such as weapons or drugs;

f. Any instance of an unclothed body search or a body cavity search of a juvenile offender;

g. Other than incidents described in Paragraph 156.01.e., significant property damage resulting from misconduct, negligence, or from incidents such as explosions, fires, floods, or other natural disasters; and

h. Any pattern of restraint of a juvenile, which is defined as three (3) or more restraints within a twenty-four (24) hour period.

04.Incidents Requiring Notice Within Three Days to the Department.

a. Providers must ensure that a detailed, written incident report is completed and signed by involved staff before the end of the shift during which the incident took place. A copy of the completed incident report must be submitted to the juvenile services coordinator no later than three (3) business days after the incident.

b. A detailed incident report is also required for each incident of juvenile offender misconduct that is not reportable under Subsection 156.03 and results in any type of:

i. Instances of lost keys, equipment, or tools;

ii. Discovery of contraband not posing an immediate risk; or

iii. A pattern of refusal of program participation that rises to the point of raising questions about the appropriateness of the placement.

c. A detailed incident report is also required for each incident of staff misconduct relating to juvenile care that is not reportable under Subsection 156.03 and results in:

i. Any physical restraint that does not involve the use of medications, chemicals, or mechanical devices of any kind; or

ii. Separation, isolation, or room confinement for more than fifteen (15) minutes but less than two (2) hours.

05.Incident Report Content. Providers may elect to use the Department's standard incident report form or may use another form that includes the following information:

a. Juvenile offender's assigned unit or location;

b. Date, location, and time of the incident;

c. Witnesses and other staff and juvenile offenders involved;

d. Persons notified with date and time of notice;

e. Brief narrative description of the incident;

f. Type of incident by category, such as assault against staff or juvenile offender, behavioral and psychiatric emergency, contraband, escape, injury or illness, self-harm or suicidal behavior, or sexual abuse;

g. Action taken by category, such as restraint, separation, isolation, or room confinement with times in and out, visitation restrictions due to juvenile offender behavior, suicide precautions initiated, or escape precautions initiated;

h. Signature of staff and reviewing supervisor, which may be affixed electronically;

i. Documentation of injury and medical attention provided; and

j. If the incident involves sexual abuse, the incident report must include a description of action taken to:

i. Keep the alleged victim(s) safe from intimidation of further abuse and maintain confidentiality;

ii. Address any immediate trauma, either physical or emotional;

iii. Address long-term medical or mental health needs related to the alleged abuse;

iv. Notify responsible licensing, regulatory, and law enforcement agencies and preserve evidence;

v. Conduct an initial internal investigation of the incident and as necessary request that an external investigation be completed; and

vi. Prevent repetition of the abusive situation.

Idaho Admin. Code r. 05.02.01.156

Effective March 31, 2022