DEPARTMENT OF CHILDREN AND FAMILIES
RULE NOS.:RULE TITLES:
65E-12.103Definitions
65E-12.104Licensing Procedure
65E-12.106Common Minimum Program Standards
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 214, November 3, 2017 issue of the Florida Administrative Register.
65E-12.106 Common Minimum Program Standards
(1) through (9) No change.
(10) Critical Incident Event Reporting.
(a) Every CSU and SRT shall develop policies and procedures for submitting critical incidents into the Department’s statewide designated electronic system specific to critical incident reporting.
(b)(a) Every CSU and SRT shall report critical events within one (1) business day of the incident occurring.
1. Adult Death. An individual 18 years old or older whose life terminates:
a. While receiving services; or
b. When it is known that an adult died within thirty (30) days of discharge from a CSU or SRT.
c. The final classification of an adult’s death is determined by the medical examiner. In the interim, the manner of death shall be reported as one of the following:
(I) Accident. A death due to the unintended actions of one’s self or another.
(II) Homicide. A death due to the deliberate actions of another.
(III) Natural Expected. A death that occurs, because of, or from complications of, a diagnosed illness for which the prognosis is terminal.
(IV) Natural Unexpected. A sudden death that was not anticipated and is attributed to an underlying disease either known or unknown prior to the death.
(V) Suicide. The intentional and voluntary taking of one’s own life.
(VI) Undetermined. The manner of death has not yet been determined.
(VII) Unknown. The manner of death was not identified or made known.
2. Child Arrest. The arrest of a child.
3. Child Death. An individual who is less than 18 years of age whose life terminates:
a. While receiving services; or
b. When it is known that a child died within 30 days of discharge from a CSU or SRT.
c. The final classification of a child’s death is determined by the medical examiner. In the interim, the manner of death will be reported as one of the following:
(I) Accident. A death due to the unintended actions of one’s self or another.
(II) Homicide. A death due to the deliberate actions of another.
(III) Natural Expected. A death that occurs, because of, or from complications of, a diagnosed illness for which the prognosis is terminal.
(IV) Natural Unexpected. A sudden death that was not anticipated and is attributed to an underlying disease either known or unknown prior to the death.
(V) Suicide. The intentional and voluntary taking of one’s own life.
(VI) Undetermined. The manner of death has not yet been determined.
(VII) Unknown. The manner of death was not identified or made known.
4. Child-on-Child Sexual Abuse. Any sexual behavior between children less than 18 years of age which occurs without consent, without equality, or because of coercion.
5. Elopement. An unauthorized absence of any individual.
6. Employee Arrest. The arrest of an employee for a civil or criminal offense.
7. Employee Misconduct. Work-related conduct or activity of an employee that results in potential liability for the Department or the Agency for Health Care Administration (Agency); death or harm to an individual receiving services; abuse, neglect or exploitation of an individual receiving services; or which results in a violation of statute, rule, regulation, or policy. This includes falsification of records; failure to report suspected abuse or neglect; contract mismanagement; or improper commitment or expenditure of state funds.
8. Missing Child. When the whereabouts of a child in the custody of the Department are unknown and attempts to locate the child have been unsuccessful.
9. Security Incident – Unintentional. An unintentional action or event that results in compromised data confidentiality, a danger to the physical safety of personnel, property, or technology resources; misuse of state property or technology resources; or, denial of use of property or technology resources. This excludes instances of compromised information of individuals in treatment.
10. Sexual Abuse / Sexual Battery. Any unsolicited or non-consensual sexual activity by one individual receiving services to another individual receiving services; or, sexual activity by a service provider employee or other person to an individual receiving services, or an individual receiving services to an employee regardless of the consent of the individual receiving services. This may include sexual battery, as defined in section 794.011, F.S.
11. Significant Injury to Individuals in Treatment. Any severe bodily trauma received by an individual in a CSU or SRT that requires immediate medical or surgical evaluation or treatment in a hospital emergency department to address and prevent permanent damage or loss of life.
12. Significant Injury to Staff. Any serious bodily trauma received by a staff member as result of a work-related activity that requires immediate medical or surgical evaluation or treatment in a hospital emergency department to prevent permanent damage or loss of life.
13. Suicide Attempt. A potentially lethal act which reflects an attempt by an individual to cause his or her own death as determined by a licensed mental health professional or other licensed healthcare professional.
14. Other. Any major event not previously identified as a reportable critical incident but has, or is likely to have, a significant impact on individuals receiving services, on the Department, or on the Agency, such as:
a. Human acts that jeopardize the health, safety, or welfare of individuals receiving services, such as kidnapping, riot, or hostage situation;
b. Bomb or biological/chemical threat of harm to personnel or property involving an explosive device or biological/chemical agent received in person, by telephone, in writing, via mail, electronically, or otherwise;
c. Theft, vandalism, damage, fire, sabotage, or destruction of state or private property of significant value or importance;
d. Death of an employee or visitor while on the grounds of the CSU or SRT;
e. Significant injury of a visitor while on the grounds of the CSU or SRT that requires immediate medical or surgical evaluation or treatment in a hospital emergency department to prevent permanent damage or loss of life; or
f. Events regarding individuals receiving services or providers that have led to or may lead to media reports.
(c) Seclusion and Restraint Event Reporting.
All public and private designated Baker Act receiving facilities and all SRTs shall develop policies and procedures for reporting seclusion and restraint events into the statewide designated electronic system specific to seclusion and restraints. according to CF-OP 215-6, “Incident Reporting And Analysis System (IRAS),” April 1, 2013, which is incorporated herein by reference. CF-OP 215-6 is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XX and from the department’s website at: http://www.myflfamilies.com/service-programs/mental-health/iras/reporting. CF-OP 155-25, “Incident Reporting and Processing in State Mental Health Treatment Facilities,” January 3, 2017, which is referenced in CF-OP 215-6, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XX. CF-OP 175-17, “Child Fatality Review Procedures,” March 3, 2011, which is referenced in CF-OP 215-6, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XX. CF-OP 175-85, “Prevention, Reporting and Services to Missing Children,” October 17, 2002, which is referenced in CF-OP 215-6, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XX. CF-OP 180-4, “Mandatory Reporting Requirements to the Office of Inspector General,” May 28, 2015, which is referenced in CF-OP 215-6, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XX.
(b) Every CSU and SRT shall report each seclusion and restraint event as required by Chapter 65E-5, F.A.C.
(c) Every CSU and SRT shall develop policies and procedures for reporting to the department critical events in accordance with department CF-OP 215-6 and Chapter 65E-5., F.A.C.
(11) through (30) No change.
