JUVENILE COURT OPERATED FACILITIES
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 department of social health and human services
by sections 1 and 14 of Act No. 280 of the Public Acts of
1939 PA
280,
MCL 400.1 and 400.14, as amended, and section 2 of 1973 PA 116,
being S 400.14, MCL 722.112 of the Michigan
Compiled Laws)
R 400.10101 and R 400.10177 are amended in the Michigan Administrative Code, as follows:
R 400.10101 Definitions.
Rule 101. (1) As used in these rules:
(a) "Behavior management" means techniques employed to control behavior in accordance with written policy and procedures related to program expectations, child safety, facility safety, and security.
(b) "Chief administrator" means the person designated as having the day-to-day responsibility for the overall administration of a facility and for assuring the care, safety, and protection of residents.
(dc) "Counseling" means planned opportunities for
residents to express their feelings verbally with the goal of resolving
individual problems. Counseling may
be in a one-to-one relationship or in a small or large group.
(ed) "Department" means the Michigan department of social health and human services.
(fe) "Detention" means the temporary residential care
of a juvenile who requires custody in a physically restricting facility pending
court action or other placement.
(gf)"Direct care worker" means a person who has
assigned child care responsibilities and provides direct care and supervision
of children in a facility.
(hg) "Discipline" means action taken for the sake
of training or correction and may include
punishment.
(ih) "Employee" means a staff person who is under
contract of hire on a full-time or a part-time basis at a juvenile facility.
(ji) "Human services degree or field" means a major in
a curriculum that is designed to give students an understanding of human behavior
and to teach them appropriate intervention/problem-solving skills on behalf of
selected populations.
(kj) "Inspection" means the on-site review of a
juvenile facility by the department to determine compliance with these
administrative rules for a juvenile facility.
(lk) "Juvenile facility," hereinafter referred to as
"facility" means a program operated by a juvenile court and
providing residential care as provided in 1939 PA 280, MCL 400.1 to
400.19b, Act No. 280 of the Public Acts of 1939, as amended, being
S400.1 et seq. of the Michigan Compiled Laws, and known as the social
welfare act.
(ml) "Medication" means prescription and
nonprescription medicines.
(nm) "Parent" means a biological parent, adoptive
parent, or guardian.
(on) "Physical examination" means a thorough evaluation
of a patient's current physical condition and a medical history conducted by,
or under the supervision of, a licensed medical professional.
(po) "Policy" means a definitive, stated course or
method of action that guides and determines present and future decisions and
activities. A policy is a written statement of principles that guides the
facility in the attainment of objectives. To comply with a rule that requires
a policy, there must be evidence that a line of action or principle has been
adopted and is being followed by the facility.
(qp) "Protection" means the continual responsibility of
the facility to take reasonable action to insure the health, safety, and
well-being of a resident while under the supervision of the facility or an
agent or employee of the facility and includes protection from physical
harm, humiliation, intimidation, and social, moral, financial, and personal
exploitation while on the premises.
(rq) "Rated capacity" means the actual number of beds
that are available and approved by the department for use. This does not
include hospital beds, segregation beds, or other spaces used only on a
temporary basis.
(sr)"Resident" means a child who is admitted to and
resides in a facility.
(ts) "Resident confinement room" means a locked or
unlocked room or area that is approved by the licensing authority for the seclusion or
retention of a resident.
(ut) "Residential treatment facility" means a facility
that has established a goal-oriented intervention program to provide
post-dispositional residential care.
(vu) "Resident record" means the individual file kept
by a facility concerning a child who has been placed at the facility.
(wv) "Resident restraint" means the use of material,
mechanical, medical, or physical techniques for restricting a resident's
behavior or movement.
(xw) "Secure facility" means a facility, or portion
thereof, other than a resident confinement room, that is used to retain
residents in custody. Outside doors usually have locks that prevent egress from
the building.
(yx) "Shelter care facility" means a facility that
provides care for residents pending court action or other placement planning.
(zy) "Social service supervisor" means a person who
supervises a social service worker.
(aaz) "Social 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 shall not be interpreted to
prevent a team approach to service plan development and implementation.
(bbaa) "Training" means any of the following:
(i)Formal classroom instruction.
(ii) Recognized courses provided through other means.
(iii) On-the-job training under the direction of an instructor.
(iv) Meetings or conferences that include agendas and instruction by instructors.
(v) Other instructional programs that include a trainer-trainee relationship.
(ccbb) "Volunteer" means a person who donates his or
her time in activities at a juvenile facility.
(2) A term defined in the act has the same meaning when used in these rules.
R 400.10177 Resident restraint; pregnant youth.
Rule 177. (1) The facility shall establish and follow written policy and procedures
specifying the use of resident restraint.
(2) The written policy shall limit the uses of resident restraint to the following:
(a) As a precaution against escape during transfer.
(b) For medical reasons by direction of the medical officer.
(c) To prevent self-injury, injury to others, or property damage.
(3) The written resident restraint policy shall prescribe the maintenance of
written records of the routine and emergency distribution and use of restraint equipment.
(4) Restraint equipment and physical restraint techniques shall not be used for
punishment.
(5) 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 and
shall only be applied with the approval of the facility administrator or administrative
designee. Approval shall be obtained within 20 minutes after the restraint has been
initiated.
(6) Subrules (7) and (8) 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.
(7) 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.
(8) 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.
(69)A
staff member shall be present continuously while material or mechanical restraint
equipment is being used on a resident.
(710) Each use of material or mechanical restraint equipment
shall be documented
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 the time of removal of the equipment and the name of the person
removing the equipment.