Incident Reporting: Mandatory Steps Under NJ DDD Circular # 14
"Why" We Must Report: Law & Compliance
Abuse: (Physical, Sexual, Verbal/Psychological): As defined by DHS Administrative Order 2:05, abuse means wrongfully inflicting or allowing physical, sexual, or verbal/psychological mistreatment by a caregiver upon a service recipient.
Physical Abuse:
- A physical act directed at an individual by a caregiver that has the potential to cause pain, injury, anguish, or suffering.
- Examples: Kicking, pinching, biting, punching, slapping, hitting, pushing, or dragging.
Sexual Abuse:
- An act or attempted act of lewdness, sexual contact, or sexual penetration between a caregiver and an individual served.
- Key standard: Any sexual contact or activity between a caregiver and a service recipient is considered sexual abuse regardless of whether the individual gives consent.
Verbal/Psychological Mistreatment:
- Any verbal or non-verbal act or omission by a caregiver that inflicts emotional harm, mental distress, or the invocation of fear, humiliation, intimidation, or degradation.
- Examples: Bullying, ignoring needs, verbal assault, racial/ethnic slurs, or intimidating gestures
Neglect: Failure of a caregiver to provide needed services and supports for the health, safety, and welfare of the individual.
Exploitation: Any willful, unjust, or improper use of a service recipient or their property/funds for the benefit of another.
- Financial Misuse: Stealing money, misusing funds, or failing to spend an individual's money on their own personal needs.
- Resource Taking: Using a person's property, assets, or labor for someone else's gain.
- Condoning Acts: Permitting, encouraging, or failing to stop another person from exploiting a service recipient.
Injury Levels Defined:
A Level Incidents: High-priority events, which include deaths, abuse, neglect, exploitation, assault with injury, unplanned hospitalizations, and suicide attempts
- Abuse (physical, verbal psychological, sexual)
- Neglect
- Exploitation
- Assault with injury
- 911 not called in the event of a life threatening emergency
- Death
- Injury not related to abuse or neglect (moderate and major level)
- Medical incidents
- Unplanned hospitalizations
- Choking/Pica
- Operational
- Overdose
- Sexual assault
- Suicide attempt
- Unapproved restraint with injury
- Walkaway/elopement
B Level Incidents: Serious events which include professional misconduct, unapproved restraints without injury, rights violations, and certain criminal acts.
- Physical assault with staff as the victim (moderate or major level injury)
- Criminal Additional Resources
- Overdose
- Professional misconduct
- Unapproved restraint without injury
"What" We Must Report: Definitions & Incident Levels
New Jersey Division of Developmental Disabilities (NJ DDD) incident reporting requires providers and staff to submit initial and follow-up reports for unusual incidents to the Office of Risk Management (ORM). In addition, our internal Eleos policy is that we will comply with NJ DDD and OPIA requirements and standards for reporting alleged, suspected and witnessed incidents impacting the individuals we support. All staff are required to review and follow the policy and procedures and to successfully complete our Incident Management & Reporting training upon hire and annually.
"Who" Must Report: Mandated Reporters Obligations
All employees and contract personnel who provide direct care, supervise care, or have access to program participants must report unusual incidents. This includes caregivers, direct support professionals (DSPs), residential staff, program coordinators, nurses, therapists, contracted vendors, administrative staff, and volunteers who witness or learn of an incident. Reporting is required when a staff member observes an event, receives a credible allegation, or has reasonable suspicion of abuse, neglect, exploitation, or any unexplained adverse event. Reports must be made even if the reporter is unsure whether the situation meets a formal definition—err on the side of immediate reporting.
What Counts as an Unusual Incident
Common Examples That Must Be Reported
Reportable incidents include, but are not limited to:
- unexplained injuries or injuries requiring medical treatment, hospitalizations,
- sudden serious illness,
- death,
- suspected physical, sexual, or emotional abuse, neglect or exploitation,
- medication errors that cause harm or require medical attention,
- missing persons or elopement,
- unauthorized use of restraint or seclusion,
- allegation of sexual contact between staff and participant,
- suspicious or criminal activity involving participants,
- fires or major property damage affecting participant safety, and significant behavioral crises that endanger the participant or others.
- Any involvement of law enforcement, ambulance transport, or emergency room care must be reported immediately.
"When" We Must Report: Alleged, Suspected or Witnessed Incident
"Compliance protects the people we support, preserves evidence, and fulfills our obligations under state regulations and agency policy."
"How" We Must Report: Incident Reporting
Staff must follow our reporting process: secure the person, address immediate safety (if life-threatening emergency call 9-1-1, notify the designated supervisor, describe factual details.
Preserve evidence, respect confidentiality, and cooperate fully with investigations.
Staff must provide detailed descriptions of an incident: situation leading up to the incident, any triggers, what, where and when incident occured, identify witnesses and any steps taken in response.
Secure the Person and Stabilize the Scene
Immediate On-Scene Response
- Ensure Safety First: Your immediate priority is to stop any ongoing harm, intervene to protect the individual, and provide necessary medical attention or first aid.
- Call Emergency Services: Contact 911 immediately if there is a life-threatening medical emergency, a fire, or a crime in progress.
- Preserve the Evidence: If a crime or severe abuse is suspected, do not disturb the scene or dispose of any potential physical evidence
Notify Supervisor to Report Incident
Immediate Mandatory Reporting:
- Call Your Supervisor: Notify your supervisor immediately via phone call after stabilizing safety.
- Call Executive Management: If your supervisor is does not answer, call our Executive Director or President immediately.
- No Answer/Call Back: If no one answers send a text message to your supervisor, Executive Director and President. When a text message is sent, management will contact you as soon as possible via phone call.
Describing the Incident: What to Share
Incident Description & Details:
- Staff will provide the description of the incident in detail to ensure that management documents objectively, factually, and contemporaneously. Staff should be prepated to provide the date, exact time, physical location, name of the person served and staff involved, and name(s) and contact details of witnesses.
- Description should include only observable events and direct quotes in quotation marks; avoiding conjecture, diagnoses, or opinions.
- Describe injuries precisely (location, size, color) and attach photographs dated and labeled if photographing is safe and permitted.
Preserve Evidence, Protect Confidentiality, and Cooperate with Investigations
- Preservation of evidence and confidentiality are nonnegotiable. Secure physical evidence and maintain a documented chain of custody.
- Share details only with management who need the information to provide care or to fulfill reporting and investigative duties.
- Notify family or legal guardians according to agency policy; do not release protected health information beyond what is necessary.
- Fully cooperate with DDD, law enforcement, any appointed investigators and Eleos management.
Failure to Report
In New Jersey, failing to report suspected abuse, neglect, or exploitation of an individual with developmental disabilities to the Division of Developmental Disabilities (DDD) is a serious offense.
Staff or volunteers who fail to report can face disorderly persons offenses, daily fines of $350 or more, and providers risk severe civil penalties or license termination.
Legal Obligations and Penalties
- Mandatory Reporting: Employees and volunteers in programs funded or licensed by the Department of Human Services must report suspicions immediately.
- Personal Fines: Under laws like Stephen Komninos' Law and expanded enforcement rules, individuals failing to report face a disorderly persons offense and a $350 fine for each day the abuse goes unreported.
- Provider Penalties: Facilities face major civil monetary penalties, license suspensions, or contract terminations for failing to enforce reporting rules or complete internal investigations.
Legal Realities of a Late Report
- Failure to Report Penalties: Under New Jersey law, intentionally failing to report an incident or delaying a report of ANE is a disorderly persons offense. A subsequent P.L. 2025, c. 280 statute authorizes the state to levy severe administrative and daily monetary fines against individuals and agencies. [1, 2, 3]
- Better Late Than Never: Even if a reporting timeline has passed, you must still submit the report immediately. A late report fulfills your baseline statutory obligation and stops daily accumulating penalties. Failing to report at all guarantees far worse personal legal liability, potential loss of your DSP certification, and inclusion on the Central Registry.
P.L. 2025, c. 280 authorizes civil penalties for findings of abuse, neglect, exploitation, and administrative neglect resulting in harm,New Jersey Human Services today announced that a new law enhancing protections for individuals with intellectual and developmental disabilities and strengthening accountability among community-based service providers will take effect on July 1. The Department is authorized – for the first time – to impose civil penalties and fines for serious violations that threaten the health, safety, and well-being of those receiving services.
Questions, Concerns or Issues
Click below to learn more.
If you have any questions, concerns or issues, do not hesitate to contact our Compliance Manager Marquis Johnson via email at m.johnson@eleosfamilyservices.com or by phone at 973-583-9582.