Current through Register Vol. 46, No. 39, September 25, 2024
The following definitions apply to the terms as they are used
in this Part. Definitions for other terms used in this Part may be found in the
glossary in section
624.20 of
this Title
(a)
Auspices, under
the. For the purposes of this Part and Part 624 of this Title, an
event or situation in which the agency or family care provider is providing
services to a person. The event or situation can occur whether or not the
person is physically at a site owned, leased, or operated by the agency or
family care provider.
(1) Events or
situations that are under the auspices of the agency or family care provider
include but are not limited to:
(i) An event
or situation in which agency personnel (staff, interns, contractors,
consultants, and/or volunteers) or a family care provider (or
respite/substitute provider) are, or should have been, physically present and
providing services at that point in time.
(ii) Any situation involving physical
conditions at the site provided by the agency or family care home, even in the
absence of agency personnel or the family care provider.
(iii) The death of an individual that
occurred while the individual was receiving services or that was caused by or
resulted from a reportable incident or notable occurrence defined in sections
624.3
and
624.4
of this Title.
(iv) Notwithstanding
any other requirement in this subdivision, the death of an individual receiving
services who lived in a residential facility operated or certified by OPWDD,
including a family care home, is always under the auspices of the agency. The
death is also under the auspices of the agency if the death occurred up to 30
days after the discharge of the individual from the residential facility
(unless the person was admitted to a different residential facility in the
OPWDD system). (Note: this does not include free-standing respite
facilities.)
(v) Related to
reportable incidents and notable occurrences as defined in sections
624.3
and
624.4
of this Title, any event that directly involves or may have involved agency
personnel or a family care provider (or respite/substitute provider) or someone
who lives in the home of the family care provider.
(2) Events or situations that are not under
the auspices of an agency include:
(i) Any
event or situation that directly involves or may have involved agency personnel
or a family care provider (or respite/substitute provider) during the time he
or she was acting under the supervision of a State agency other than OPWDD
(e.g. an agency employee has a second job at a hospital and an incident
occurred while he or she was providing care to an individual receiving services
during the individual's hospitalization).
(ii) Any event or situation that exclusively
involves the family, friends, employers, or co-workers of an individual
receiving services (other than a custodian or another individual receiving
services), whether or not in the presence of agency personnel or a family care
provider or at a certified site.
(iii) Any event or situation that occurs in
the context of the provision of services that are subject to the oversight of a
State agency other than OPWDD (e.g. special education, article 28 clinic,
hospital, physician's office), whether or not in the presence of agency
personnel or a family care provider.
(iv) Any report of neglect that is based on
conditions in a private home (excluding a family care home).
(v) The death of an individual who received
OPWDD operated, certified, or funded services, except deaths that occurred
under the auspices of an agency as specified in paragraph (1) of this
subdivision.
(b)
Physical abuse. The
non-accidental use of force that results in bodily injury, pain, or impairment,
including but not limited to, being slapped, burned, cut, bruised, or
improperly physically restrained.
(c)
Sexual abuse.
Non-consensual sexual contact of any kind, including but not limited to,
forcing sexual contact or forcing sex with a third party.
(d)
Emotional abuse. The
willful infliction of mental or emotional anguish by threat, humiliation,
intimidation, or other abusive conduct, including but not limited to,
frightening or isolating an adult.
(e)
Active neglect. The
willful failure by the caregiver to fulfill the care-taking functions and
responsibilities assumed by the caregiver, including but not limited to,
abandonment, willful deprivation of food, water, heat, clean clothing and
bedding, eyeglasses or dentures, or health related services.
(f)
Passive neglect. The
non-willful failure of a caregiver to fulfill care-taking functions and
responsibilities assumed by the caregiver, including but not limited to,
abandonment or denial of food or health related services because of inadequate
caregiver knowledge, infirmity, or disputing the value of prescribed
services.
(g)
Self
neglect. An adult's inability, due to physical and/or mental
impairments, to perform tasks essential to caring for oneself, including but
not limited to, providing essential food, clothing, shelter, and medical care;
obtaining goods and services necessary to maintain physical health, mental
health, emotional well-being, and general safety; or managing financial
affairs.
(h)
Financial
exploitation. The use of an adult's funds, property, or resources by
another individual, including but not limited to, fraud, false pretenses,
embezzlement, conspiracy, forgery, falsifying records, coerced property
transfers, or denial of access to assets.
(i)
Death.The end of life,
expected or unexpected, regardless of cause.
