Mich. Admin. Code R. 400.4162 - Seclusion within secure and nonsecure facilities; seclusion plan; prohibitions; reduction and elimination
Rule 162.
(1) An
agency must establish a process improvement and a seclusion
reduction/elimination plan that addresses the following areas:
(a) Requires staff training in approved
crisis prevention and intervention techniques including:
(i) Prevention, de-escalation techniques, and
non-violent response to assaultive behavior.
(ii) Conflict management.
(iii) Minimizing and addressing trauma for
youth and staff.
(b)
Training must be conducted by certified trainers.
(c) Staff shall complete refresher training
annually or more frequently as needed.
(d) Access to youth support team
members.
(e) Review and update the
youth's individual behavioral and calming plan, as needed.
(2) Prior to using seclusion, staff must use
less restrictive techniques to de-escalate the situation such as talking with
youth, bringing in other staff or qualified mental health professionals to
assist, or engaging family members or other youth to talk with the youth. Prior
to using seclusion or immediately after placing a youth in seclusion, staff
will explain to the youth the reasons for the seclusion and the fact that he or
she will be released upon regaining self-control.
(3) Seclusion must be performed in a manner
that is safe, appropriate, and consistent with the youth's chronological and
developmental age, size, gender, physical condition, medical condition,
psychiatric condition, and personal history, including history of
trauma.
(4) Staff must only use
seclusion as a temporary response to prevent life-threatening injury or serious
bodily harm when other interventions are ineffective.
(5) Staff may not use seclusion for
discipline, punishment, administrative convenience, retaliation, staffing
shortages, or reasons other than a temporary response to behavior that
threatens immediate harm to a youth or others.
(6) Staff may not place youth in seclusion
for fixed periods of time. Staff must release the youth from seclusion as soon
as the youth has regained self-control and is no longer engaging in behavior
that threatens immediate harm to the youth or others.
(7) During the time that a youth is in
seclusion, staff must perform variable interval, eye-on checks of youth. The
time between the variable interval checks must not exceed 15 minutes unless the
situation requires continuous observation for the child's safety, including,
but not limited to, youth exhibiting suicidal ideations or performing
self-harm.
(8) Youth in seclusion
must have reasonable access to water, toilet facilities, and hygiene
supplies.
(9) Staff will keep
designated areas used for seclusion clean, appropriately ventilated, and at
comfortable temperatures.
(10)
Designated areas used for seclusion must be suicide-resistant and
protrusion-free.
(11) All seclusion
will be prohibited effective November 1, 2022.
Notes
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