Mich. Admin. Code R. 400.4163 - Health status assessment; notification; debriefing; reporting
Rule 163.
(1) The
agency shall develop and implement written procedures for health status
screening, notifications, debriefing, and reporting when a restraint, including
an emergency restraint, or seclusion is used.
(2) Health status screening of the youth will
occur immediately after seclusion or restraint by staff assigned to this
screening, as defined in agency policy. If the youth has any physical
complaints or if the screening staff has any concerns, depending on the
severity of the complaint or concerns, the staff will arrange for the youth's
health needs to be met immediately by any of the following actions:
(a) Consultation with the on-call or onsite
nursing staff.
(b) Referral for an
off-site health assessment.
(c)
Contacting emergency medical services.
(3) Notification must be made to the
following individuals in the event of a restraint or seclusion:
(a) If a restraint or seclusion does not
involve injury or medical intervention, or an injury that does not give rise to
a serious injury as defined by section 8 of the child protection law, 1975 PA
238, MCL 722.628, the following individuals shall be notified within 12 hours:
(i) The youth's parent or parents or legal
guardian or guardians, including the MCI Superintendent, if
applicable.
(ii) The youth's child
and family caseworker.
(iii) The
youth's attorney or guardian ad litem.
(iv) The youth's advocate, if
applicable.
(v) Any other
individual appropriate for notification.
(b) If a restraint or seclusion results in
serious injury, the following individuals shall be notified as soon as possible
but no later than 6 hours after the incident:
(i) The youth's parent or parents or legal
guardian or guardians, including the MCI Superintendent, if
applicable.
(ii) The youth's child
and family caseworker.
(iii) The
youth's attorney or guardian ad litem.
(iv) The youth's advocate, if
applicable.
(v) Any other
individual appropriate for notification.
(c) The notification shall include all the
following:
(i) The date and time of the
restraint or seclusion.
(ii) A
brief summary of events that led to the restraint or seclusion.
(iii) The actions taken following the
restraint or seclusion, including any medical services provided.
(iv) A plan for debriefing following the
incident, including how the notified individual will be engaged in the
debriefing process.
(4) The agency shall implement a debriefing
protocol containing the following characteristics:
(a) Consistent with trauma-informed
principles.
(b) Consistent with the
agency's crisis prevention and intervention processes.
(c) Inclusive of involved youth, caregivers,
and staff directly involved in the incident, as well as supervisors,
management, and agency leadership.
(d) Informs ongoing quality improvement in
the treatment of the individual youth.
(e) Informs ongoing quality improvement in
the agency's programs, policies, and practices.
(5) An agency will provide an incident report
on a form prescribed by the department for each incident involving the use of
seclusion or restraint. The initial report shall be submitted to the department
within 24 hours of the incident occurring. A final incident report shall be
submitted no later than 72 hours after the incident has occurred.
(6) If mechanical restraint was used, the
report must also include the following:
(a)
Name of administrator or designee who approved equipment use.
(b) Time of the authorization.
(c) Specific rationale for use.
(d) Time equipment was applied and removed,
if different than the time of the overall incident.
(e) Name of the staff member who applied the
equipment.
(f) Name or names of
staff member or staff members continuously present with the youth throughout
mechanical restraint use.
(7) The facility administrator shall review
the use of restraint and seclusion on a quarterly basis to ensure that staff
only use it as a temporary response to behavior that threatens immediate harm
to the youth or others. Based upon the administrative review, a process
improvement plan shall be implemented to address:
(a) Strategies to prevent use of restraints
and seclusions for youth.
(b)
Improvements to staff competency in non-physical crisis prevention and
intervention techniques.
(8) The agency's policies and procedures
shall be provided and explained to all youth, their families, and referring
agencies upon admission.
Notes
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No prior version found.