Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4101 - Definitions

Current through Vol. 24-12, July 15, 2024
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.