DEPARTMENT OF HEALTH AND HUMAN SERVICES
CHILDREN’S SERVICES AGENCY
DIVISION OF CHILD WELFARE LICENSING
CHILD CARING INSTITUTIONS
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the Michigan
Ddepartment of health and Hhuman Sservices by sections 2, 5, 10, and 14 of 1973 PA 116, and the Executive Reorganization Orders No. 1996-1, No. 1996-2, 2003-1
and 2004-4, MCL 722.112, 722.115, 722.120, and 722.124, 330.3101,
445.2001, 445.2011 and 400.226 and Executive Reorganization Order No. 2015-1,
MCL 400.227.of the Michigan Compiled Laws)
R 400.4101 Definitions.
Rule 101. (1) As used in these rules:
(a) “Accredited college or university” means a college or university recognized by the
United States department of education.
(b) “Act” means 1973 PA 116, as amended, being §§
MCL 722.111 to 722.128, and
known as the child care organization licensing act.
(c) “Audit” means a review done by an auditor that conforms with generally
accepted accounting principles.
(d) "Case record" means the individual file kept by an institution concerning a child
who has been placed at the institution.
(e) "Chief administrator" means the person designated by the licensee as having the
onsite day-to-day responsibility for the overall administration of a child caring institution
and for assuring the care, safety, and protection of residents.
(f) “Chief administrator designee” means a person above the level of the supervisor
who approved an action, and who was not involved in the decision being reviewed.
(g) "Child caring institution," hereinafter referred to as "institution" or CCI, means
an institution as defined in section 1 of the act 1973
PA 116, MCL 722.111.
(h) "Child caring institution staff member” means an individual who is 18 years or older, and to whom any of the following apply:
(i) Is employed by a child caring institution for compensation, including adults who do not work directly with children.
(ii) Is a contract employee or self-employed individual working with a child caring institution.
(iii) Is an intern or other person who provides specific services under these rules.
(i) “Child placing agency" means an agency as
defined in section 1 of the act, MCL (h) "Child placing
agency" means an agency as defined in section 1 of 1973 PA 116,
MCL 722.111.
(j) “Children’s therapeutic group home” means the term as defined
in section 1 of 1973 PA 116, MCL 722.111.
(ki) “Corporal punishment” means hitting,
paddling, shaking, slapping, spanking, or
any other use of physical force as a means of behavior management.
(l) “Criminal history check” means that term as defined in
section 1 of the act, MCL 722.111.
(mj) “Detention facility” means an institution
that primarily provides care and
supervision for youth pending adjudication for status or criminal offenses or pending
placement in a treatment facility post-adjudication.
(nk) "Department" means the Michigan
department of health and human services.
(ol) "Developmentally disabled" means
an individual who has an impairment of
general intellectual functioning or adaptive behavior which meets all of the following
criteria:
(i) It originated before the person became 18 years of age.
(ii) It has continued since its origination or can be expected to continue indefinitely.
(iii) It constitutes a substantial burden to the impaired person's ability to perform
normally in society.
(iv) It is attributable to 1 or more of the following:
(A) Significant cognitive impairment, cerebral palsy, epilepsy, or autism.
(B) Any other condition of a person found to be closely related to significant
cognitive impairment because it produces a similar impairment or requires treatment and
services similar to those required for a person who is significantly cognitively impaired.
(pm) "Direct care worker" means a
person who provides direct care and supervision of
children in an institution.
(qn) “Human behavioral science” means a course of
study producing a degree from
an accredited college or university in any of the following:
(i) Social work.
(ii) Psychology.
(iii) Guidance and counseling.
(iv) Consumer or community services.
(v) Criminal justice.
(vi) Family ecology.
(vii) Sociology.
(ro) “Juvenile justice youth” means a youth
pending adjudication for status or
criminal offenses or a youth who has been adjudicated under
section 2(a) of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.2a, or section 1 of chapter IX of
the code of criminal procedure, 1927 PA 175, MCL 769.1.
(sp) "License" means a license issued
by the department to a non-governmentally
operated institution or a certificate of approval issued by the department to a
governmentally operated institution indicating that the institution is in compliance with
these rules.
(tq) “Licensee" means the agency,
association, corporation, firm, organization,
person, partnership, department, or agency of the state, county, city, or other political
subdivision that has submitted an original application for licensure or approval or has
been issued a license or certificate of approval to operate a child caring institution.
(ur) “Licensee designee” means the individual who
is authorized by the licensee,
board of directors, or the governing body for a public institution, to act on behalf of the
corporation or organization on licensing matters.
(vs) "Licensing authority" means the
administrative unit of the department that has the
responsibility for making licensing and approval recommendations for an institution.
(wt) "Medication" means prescription
and nonprescription medicines.
(xu) “Misconduct” is conduct by a resident that
affects the safety and security of
residents, staff, or the community.
(yv) "Open institution" means an
institution facility, or portion thereof, which is
used to house residents and which is not locked against egress, except for an approved
behavior management room.
(zw) "Parent" means biological parent,
including custodial and non-custodial parent,
adoptive parent, or guardian.
(aa) “Personal restraint,”, also referred to
as resident restraint, means personal
restraint as defined in section 2b of 1973 PA 116, MCL 722.112b.
(bbx) "Protection" means the continual
responsibility of the licensee to take reasonable
action to ensure the health, safety, and well-being of a resident while under the
supervision of the licensee or an agent or employee of the licensee, including protection
from physical harm, humiliation, intimidation, and social, moral, financial, and personal
exploitation.
(ccy) "Resident" means a child who is
admitted to and resides in an institution.
(dd) “Seclusion” means seclusion as defined in section 2b of
1973 PA 116, MCL
722.112b.
(eez) “Seclusion room" means a room or area
approved for the confinement or
retention of a single resident. The door to the room may be equipped with a security
locking device which operates by means of a key or is electrically operated and has a key
override and emergency electrical backup in case of a power failure.
(ffaa) "Secure institution" means an
institution, or portion thereof, other than a
seclusion room, used to house residents that is secured against egress from the building.
(ggbb) “Serious injury” means any significant
impairment of the physical condition of
the minor child as determined by qualified medical personnel. This includes, but is not
limited to, burns, lacerations, bone fractures, substantial hematoma, and injuries to
internal organs, whether self-inflicted or inflicted by someone else.
(hhcc) “Shelter care facility” means an
institution which primarily provides care for
residents for assessment, short-term supportive care, or placement planning.
(iidd) "Social service supervisor"
means a person who supervises a social service
worker.
(jjee) “Social service worker" means a
person who works directly with residents, their
families, and other relevant individuals and who is primarily responsible for the
development, implementation, and review of service plans for the resident. This
definition does not prevent a team approach to service plan development and
implementation.
(kkff) "Terms of license" or
"terms of approval" means those designations noted on an
institution's license or certificate of approval for which the institution is authorized or
approved. Such designations include the following:
(i) Short-term institution.
(ii) Residential treatment institution.
(iii) Secure institution.
(iv) Open institution.
(v) Age of children to be accepted for care.
(vi) Sex of children to be accepted for care.
(vii) Number of children to be accepted for care.
(viii) Effective and expiration dates.
(llgg) “Treatment institution" means an
institution whose primary purpose and
function is to provide habilitative or rehabilitative services.
(2) A term defined in the act has the same meaning when used in these rules.
R 400.4159 Resident restraint; pregnant youth.
Rule 159. (1) An institution shall establish and follow written policies and
procedures regarding restraint. These policies and procedures shall be available to all
residents, their families, and referring agencies.
(2) Resident restraint shall be performed in a manner that is safe, appropriate, and
proportionate to the severity of the minor child’s behavior, chronological and
developmental age, size, gender, physical condition, medical condition, psychiatric
condition, and personal history, including any history of trauma, and done in a manner
consistent with the resident’s treatment plan.
(3) Subrules (4) and (5) of this rule apply to those public or private licensed child caring institutions for which the primary purpose is to serve juveniles that have been accused or adjudicated delinquent for having committed an offense, other than a juvenile accused or adjudicated under section 2 of 1939 PA 288, MCL 712A.2.
(4) Mechanical restraints shall not be used on pregnant youth, including youth who are in labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist to believe the youth presents an immediate and serious threat of hurting self, staff or others.
(5) The following restraints are prohibited for use on pregnant youth unless reasonable grounds exist to believe the youth presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method:
(i) Abdominal restraints.
(ii) Leg and ankle restraints.
(iii) Wrist restraints behind the back.
(iv) Four-point restraints.
(36) The written policy shall include all of the
following:
(a) Procedures for the review of an incident of restraint within 48 hours by a level of
supervision above the staff ordering or conducting the restraint to determine if the
requirements of the institution’s procedures were adhered to in directing and conducting
the restraint.
(b) Procedures for the provision of sufficient and adequate training for all staff
members of the institution who may use or order the use of restraint using the
institution’s written procedures.
(c) Procedures for recording restraints as an incident report.
(d) Procedures for the review and aggregation of incident reports regarding restraints
at least biannually by the institution’s director or designee.
(47) The written policy shall only permit the
licensee to restrain a child for the
following circumstances:
(a) To prevent injury to the child, self-injury, or injury to others.
(b) As a precaution against escape or truancy.
(c) When there is serious destruction of property that places a child or others at
serious threat of violence or injury if no intervention occurs.
(58) The written policy shall prohibit, at a
minimum, any of the following aversive
punishment procedures:
(a) The use of noxious substances.
(b) The use of instruments causing temporary incapacitation.
(c) Chemical restraint as defined in the act.
(69) Restraint equipment and physical restraint
techniques shall not be used for
punishment, discipline, or retaliation.
(710) The use of a restraint chair is prohibited.
(811) Resident restraint shall only be applied
for the minimum time necessary to
accomplish the purpose for its use as specifically permitted in subrule (2) of this rule.
Approval of a supervisor shall be obtained when the restraint lasts more than 20 minutes.
(912) The approval of the administrator or his or
her designee shall be obtained prior to
any use of material or mechanical restraints. A staff member shall be present
continuously while material or mechanical restraint equipment is being used on a
resident, and the staff member shall remain in close enough proximity to the restraint to
intervene immediately in case of emergency to protect the safety of the resident.
(1013) A staff person shall document each use of
material or mechanical restraint
equipment in a written record and shall include all of the following information:
(a) The name of the resident.
(b) The name of the administrator or designee who authorized the use of the
equipment, and the time of the authorization.
(c) The time the restraint equipment was applied.
(d) The name of the staff member who was responsible for the application.
(e) A description of the specific behavior that necessitated its use.
(f) The name of the staff person who was continuously with the resident.
(g) The date and time of removal of the equipment and the name of the person
removing the equipment.