N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.16 - Serious incidents and incident reporting
(a) In the event of the serious injury or
death of a resident, the operator shall:
(1)
immediately obtain necessary assistance and services;
(2) notify the resident's representative, or
next of kin, if known and if the resident's consent has been provided;
and
(3) notify the appropriate
local authorities.
(b)
In the event of any serious incident impacting upon the safety and well-being
of any resident of a shelter or member of the shelter's staff, including, but
not limited to, deaths by unnatural causes or suicides, life-threatening
injuries including drug overdoses, assaults, rapes, sexual assaults, or
attempted rapes or sexual assaults, arrests, fires, disasters, or other events
that cause evacuation of the building or injury to shelter residents, domestic
violence that results in injury of one or more residents, criminal activity on
the part of shelter staff, or any misconduct on the part of shelter staff that
results in harm to the residents or other staff members, unless otherwise
directed by the office:
(1) the operator of
the shelter or the social services district shall immediately report the
serious incident to the office by e-mail or telephone. In the event the
operator of the shelter reports the serious incident to the office, the social
services district also must be immediately notified; and
(2) the social services district shall submit
a copy of the office-prescribed incident report form to the office within three
business days.
(c) The
operator must maintain a chronological record of serious incidents of the type
described in subdivision (b) of this section, using the office-prescribed
incident report form. In the case of injury, the operator must include the
resident's version of the events leading to an accident or incident involving
such resident on all incident reports unless the resident objects.
(d) Where a security incident has been
reported, or upon review of a facilities operational plan, the office may
direct the social services district or the operator to take additional security
measures including, but not limited to, directing the shelter to deploy
additional trained security staff or relocate residents to another facility or
shelter. The office also may direct the social services district or the
operator to:
(1) engage a qualified third
party, who has been approved by the office, to conduct an evaluation of the
security measures employed by the facility; and
(2) employ any or all of the recommendations
made by the third party.
Notes
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