This section provides the legal definition of “special incident” for all vendors, and for Family Home Agencies, as well as incidents which are not reported to the Department of Developmental Services, but which should be reported to RCOC.

For all vendors, a special incident is defined by Title 17, §54327 as:

  • The consumer is missing and the vendor or long-term health care facility has filed a Missing Persons Report with a law enforcement agency;
  • Reasonably suspected abuse/exploitation, including physical, sexual, fiduciary, emotional/mental, or physical and/or chemical restraint;
  • Reasonably suspected neglect, including failure to provide medical care; failure to prevent malnutrition or dehydration; failure to protect from health and safety hazards; failure to assist in personal hygiene or the provision of food, clothing, or shelter; or failure to exercise the degree of care that a reasonable person would exercise in the position of having the care and custody of a dependent adult;
  • Serious injury or accident, including lacerations requiring sutures or staples; puncture wounds requiring medical treatment beyond first aid; fractures; dislocations; bites that break the skin and require medical treatment beyond first aid; internal bleeding requiring treatment beyond first aid; any medication errors; medication reactions that require medical treatment beyond first aid; and burns that require medical treatment beyond first aid.
  • Any unplanned or unscheduled hospitalization due to respiratory illness, seizure, cardiac-related, internal infection, diabetes, wound/skin care, nutritional deficiencies, or involuntary psychiatric admission;
  • The death of any consumer, regardless of cause and regardless of when or where it occurred; and
  • The victimization of a consumer defined as: robbery, aggravated assault, larceny, burglary, and rape/attempted rape, regardless of when or where such an incident occurred.

For Family Home Agencies, a special incident is defined by Title 17, §56093 as:

All incidents defined in §54327(b) – see above;

  • Any occurrence or allegation of consumer abuse;
  • Incidents which may result in criminal charges or legal action;
  • Incidents which may result in the denial of a consumer’s rights;
  • Poisonings;
  • Catastrophes;
  • Emergency treatment;
  • Fires or explosions; and
  • Any other incident which appears to have a negative effect on a consumer’s health, safety, or well-being.

The following incidents are not reported to the Department of Developmental Services, but should be reported to Regional Center of Orange County:

  • Alleged violation of a consumer’s rights;
  • Other sexual incident, including sexual harassment or inappropriate sexual contact;
  • Aggressive acts to self, staff, family/visitors, or another consumer;
  • Voluntary admission to a psychiatric hospital;
  • Behavioral crisis or episode, defined as a behavior which is atypical in that the behavior is new, or the intensity or frequency of the behavior is markedly increased;
  • Use of restrictive behavior intervention;
  • Emergency Room visit;
  • Any unplanned hospitalization;
  • Any injury or incident where medical treatment is required (i.e., physician, ER staff, paramedics, Physician’s Assistant or nurse, etc.) or which otherwise appears to be significant;
  • Alleged consumer abuse, neglect, or exploitation by a non-vendor, including physical, psychological, financial, neglect, or sexual abuse;
  • Suicide threat or attempt;
  • Unexplained pregnancy;
  • Any incident which may result in criminal charges or legal action;
  • Injury from a seizure, from another consumer, or from a behavior episode;
  • Theft, or property damage;
  • Diagnosis of communicable disease;
  • Infestation by parasite/vector;
  • Unauthorized absence; and
  • The consumer is the alleged victim of a crime that is not one of those listed in Section 54327