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

Mich. Admin. Code R. 400.4101

1983 AACS; 2015 AACS; 2019 AACS; 2020 AACS; 2022 MR 10, Eff. 5/31/2022