Mich. Admin. Code 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, MCL 722.111 to 722.128, known as the child caring
organizations act.
(c) "Case
record" means the individual file, including electronic records, kept by an
institution concerning a youth who has been placed at the
institution.
(d) "Chemical
restraint" means a drug that meets all the following:
(i) Is administered to manage a youth's
behavior.
(ii) Has the temporary
effect of restricting the youth's freedom of movement.
(iii) Is not a standard treatment for the
youth's medical or psychiatric condition.
(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 youth.
(f) "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, volunteer, or other person who provides specific services
under these rules.
(g)
"Corporal punishment" means hitting, paddling, shaking, slapping, spanking, or
any other use of physical force as a means of behavior management.
(h) "Department" means the Michigan
department of health and human services.
(i) "Direct care worker" means a person who
provides direct care and supervision of youth in an institution.
(j) "Emergency restraint or safety
intervention" means use of personal restraint as an immediate response to an
emergency safety situation.
(k)
"Emergency restraint or safety situation" means the onset of an unanticipated
or severely aggressive behavior that places the youth or others at serious
threat of violence or injury if no immediate intervention occurs.
(l) "Human behavioral science" means a course
of study producing a degree from an accredited college or university that is
approved by the department for the specific positions when required by the act
and these rules.
(m) "Juvenile
justice youth" means a youth pending adjudication, or has been adjudicated,
under section 2 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.
(n) "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 complies with these
rules.
(o) "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.
(p)
"Licensing authority" means the administrative unit of the entity responsible
for making licensing and approval recommendations for an institution.
(q) "Mechanical restraint" means a device,
materials, or equipment attached or adjacent to the youth's body that he or she
cannot easily remove that restricts freedom of movement or normal access to
one's body. Mechanical restraint does not include the use of a protective or
adaptive device, or a device primarily intended to provide anatomical
support.
(r) "Medication" means
prescription and nonprescription medicines administered to treat a youth's
medical or psychiatric condition.
(s) "Michigan Children's Institute
Superintendent" or "MCI Superintendent" means the person appointed under 1935
PA 220, MCL 400.201 to 400.214, as the guardian of permanent state wards
committed to it by the court.
(t)
"Nonsecure institution" means an institution or facility, or portion thereof,
that is used to house youth and that is not locked against egress.
(u) "Parent" means biological parent,
including custodial and non-custodial parent, adoptive parent, or legal
guardian.
(v) "Personal restraint"
means the application of physical force, without the use of a device, that
restricts the free movement of a youth's body. Personal restraint does not
include:
(i) The use of a protective or
adaptive device.
(ii) Briefly
holding a minor child without undue force in order to calm or comfort him or
her.
(iii) Holding a minor child's
hand, wrist, shoulder, or arm to safely escort him or her from 1 area to
another.
(iv) The use of a
protective or adaptive device or a device primarily intended to provide
anatomical support.
(w)
"Seclusion" means the involuntary placement of a youth in a room alone, where
the youth is prevented from exiting by any means, including the physical
presence of a staff person if that staff person's presence prevents the youth
from exiting the room.
(x)
"Seclusion room" means a room or area approved for the involuntary confinement
or retention of a single youth. The door to the room may be equipped with a
security locking device that 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.
(y) "Secure
institution" means any public or private licensed child caring institution
where the movement and activities of residents is restricted and locked against
egress from the building.
(z)
"Sexual harassment" means verbal comments or gestures of a sexual nature to a
youth by a staff member, contractor, or volunteer, including demeaning
references to gender, sexually suggestive or derogatory comments about body or
clothing, or obscene language or gestures.
(aa) "Shelter care facility" means an
institution that primarily provides short-term assessment and
planning.
(bb) "Social service
supervisor" means a person who supervises a social service worker.
(cc) "Social service worker" means a person
who works directly with youth, their families, and other relevant individuals
and who is primarily responsible for the development, implementation, and
review of treatment plans for the youth. This definition does not prevent a
team approach to treatment plan development and implementation.
(dd) "Terms of license" means those
designations noted on an institution's license for which the institution is
authorized or approved.
(2) A term defined in the act has the same
meaning when used in these rules unless otherwise indicated.
Notes
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