La. Admin. Code tit. 48 § I-1303
Abuse-any act which would endanger the well-being of a class member through the action of any individual, whether or not the class member is or appears to be injured or harmed. Abuse is categorized as follows:
1.Physical Abuse-physical contact including, but not limited to, hitting, slapping, pinching, kicking, hurling, strangling, shoving or otherwise mishandling of a class member. Physical contact that endangers the safety of the class member as well as handling of a class member with more force than is reasonably necessary also constitutes physical abuse.
2.Sexual Abuse-any sexual activity between the class member and educators, day care providers, employees, consultants, contractors and class members. Additionally, sexual abuse is any sexual activity between class members and others, or among class members unless the class member(s) involved is a consenting adult. Sexual abuse includes any touching or fondling of a class member directly or through clothing for the arousal or gratification of sexual desires of the perpetrator. It also includes encouraging a class member to touch or engage in any sexual activity with another person for the purpose of arousing or gratifying sexual desires.
3.Psychological (Emotional) Abuse-the use of verbal or non-verbal expressions in a tone of voice or in such a manner that subjects a class member to ridicule, humiliation, scorn or contempt.
4.Seclusion-the placement of a class member alone in a secured room from which he or she cannot leave at will. Seclusion is considered to be a form of abuse and is prohibited. Time out is not to be confused with seclusion. Time out, when used in accordance with the procedures set forth in Appendix A to this policy, is permissible.
Corrective Action Plan-a specific plan of action to minimize the harmful impact or rectify incidents and to eliminate and control the potential for abuse/neglect. The plan outlines specific action to be taken by specific parties with target dates for completion.
Facility-any place, however named, that provides:
1. any form of residential services; or
2. any form of day program services to class members.
Facility Administrator-the individual with ultimate responsibility for the daily operations of a facility.
Incident-the occurrence or suspected occurrence of any of the following: abuse, neglect, or unusual occurrence.
Multiple Incidents-the occurrence of three or more incidents to a class member in any six-month period shall constitute a multiple incident.
Neglect-a negligent act or omission by any individual responsible for providing services or supervision to a class member which caused or may have caused injury to the class member or which placed the class member at risk or injury, and includes an act or omission such as the failure to provide adequate nutrition, supervision, clothing, or health care, or the failure to provide a safe environment for the class member.
Responsible Individual-the individual such as a foster parent, substitute family parent or staff person ultimately responsible for a supervised apartment, who is responsible for the care and program of a class member who is residing in a small facility.
Small Facility-any facility which has no employees and/or any facility which serves three or fewer class members, including, but not limited to, foster care, substitute family care and supervised apartment (but not including community class members).
State Investigation Report-any investigation report prepared by a State agency.
Unusual Occurrences-
1.Elopement-any absence of a class member from a program or placement which constitutes a danger to the wellbeing of that class member.
2.Restraint-any device which prevents the free movement of either/or both arms or legs, totally immobilizes a class member, or any medication ordered by a physician which renders the class member unable to participate in therapeutic, programmatic, or leisure activities.
3.Medication Error-the administration of medication in an incorrect form, not as prescribed or ordered, to the wrong class member, the failure to administer a prescribed medication, or the failure to correctly record (i.e. chart) a prescribed medication where such failure produces one of the aforementioned.
4.Criminal Acts-alleged actions by a class member such as homicide, attempted homicide, rape, public lewdness, robbery, theft, or any violations of the law.
5.Accidents-any injury to a class member which was caused accidentally or unintentionally.
6.Fights Involving Class Members-any use of physical force between or including one or more class members, whether or not injury occurs, in which staff were not involved except for purposes of stopping the fight.
7.Injuries Whose Cause Cannot be Determined-any suspected or confirmed wound or harm to a class member whose cause cannot be determined, which results in a class member requiring medical attention by a physician, dentist, nurse, or any health care provider.
8.Sensitive Situations-delicate situations, not included in the aforementioned, which may have the potential to affect adversely the care, safety and/or well-being of a class member.
La. Admin. Code tit. 48, § I-1303