Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 3.00 - Standards for the Licensure or Approval of Residential Programs Servicing Children and Teen Parents › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
General
			 Definitions
. As used in
			 606 CMR 3.00, the following
			 words shall have the following meanings unless the context otherwise requires:
Child
. Any person younger than 18
				years old for part or all of a calendar year.
Child with Special Needs
. A child
				who, because of a disability consisting of a developmental delay or an
				intellectual, sensory, neurological, emotional, communication, physical,
				specific learning or health impairment or combination thereof, is or would be
				unable to progress effectively in a regular school program. This may include,
				but not be limited to, a school age child with special needs as determined by
				an evaluation conducted pursuant to M.G.L. c. 71B, § 3, and as defined by
				the Department of Elementary and Secondary Education in
				603 CMR
				28.00:
Special Education
.
Consent
. An agreement by a parent who
				has been fully informed of all information relevant to the activity for which
				agreement is sought, in his or her native language or other mode of
				communication, that the parent understands and agrees in writing to carrying
				out of the activity, and understands that the granting of consent is voluntary
				and may be revoked at any time. The consent describes the activity and lists
				the records (if any) which will be released and to whom. In seeking parental
				consent, a licensee shall not condition admission or continued enrollment upon
				agreement by the parent to the proposed use of any restraint.
Department
. When used alone shall
				mean the Department of Early Education and Care.
Group Care Program
. A program or
				facility that provides care and custody for one or more children by anyone
				other than a relative by blood, marriage or adoption on a regular 24-hour a
				day, residential basis. Group care program includes but is not limited to
				programs serving teen parents younger than 16 years old; transition to
				independent living programs; private residential schools that provide special
				services to children with special needs in which children with special needs
				constitute 30% or more of the school's population; and group residences or
				group homes. Group care program does not include family foster care; a
				recreational or summer camp; a hospital, ward or comprehensive center,
				including an intensive residential treatment program, licensed under M.G.L. c.
				19, § 19 or c. 19B, § 15; a hospital, ward or comprehensive center
				operated by the Commonwealth; a hospital, institution for unwed mothers,
				convalescent or nursing home, rest home or infirmary or any program licensed
				under M.G.L. c. 111; any program licensed under M.G.L. c. 111E, §§ 5
				and 7 unless the program admits children other than drug dependent children or
				dependency drug using children; or private residential schools except those
				providing special services to children with special needs as defined in 606 CMR
				3.02.
Parent
. A resident's father, mother
				or legal guardian or person with the custody of the resident.
Placement Agency
. A department,
				agency or institution of the Commonwealth, or any political subdivision
				thereof, or any organization incorporated under M.G.L. c. 180, one of whose
				principal purposes is providing custodial care and social services to children,
				which receives by agreement with a parent or guardian, by contract with a state
				agency or as a result of referral by a court of competent jurisdiction, any
				child, for placement in family foster care, a residential program or for
				adoption.
Referral Source
. A parent, guardian,
				Massachusetts or out-of-state public or private agency responsible for the
				placement and/or funding of the placement of a child.
Resident
. A child or other person in
				the care or custody of a group care, temporary shelter, transition to
				independent living or transitional housing program serving teen parents.
Residential Program
. A group care,
				temporary shelter, or transition to independent living program, or a
				transitional housing program serving teen parents.
Secure Detention
. A program for
				children in the custody of or detained by the Department of Youth Services, who
				are awaiting court appearance or long-term placement, which requires
				restrictive features including locked doors and windows and a high staff-child
				ratio to insure security.
Shelter Home
. A private residential
				home which has been approved by a temporary shelter agency to provide temporary
				shelter care to four or fewer children. In order to place sibling groups
				together in an emergency situation,
Shelter Home
shall
				not prohibit the placement of more than four children in a home which, prior to
				the placement of the sibling group, contained fewer than four children.
Special Services
. Any special
				services provided to children with special needs by a private residential
				school that are special education services similar to those referred to at
				603 CMR
				18.05(3)(a) and (b); or
				social, psychological or psychiatric services; or occupational or physical
				therapy; or speech or language therapy; or vocational rehabilitation skills; or
				regular nursing or medical care provided on site; or self-help skills or
				activities of daily living training.
Teen Parent
. A lawful father or
				mother or pregnant adolescent who is at least 13 years old but younger than 21
				years old.
Temporary Shelter
. Care and services
				(as appropriate to the needs of the child) provided to a child on a regular 24
				hour a day basis for a period not to exceed 45 days or in the case of placement
				in a secure detention facility, not to exceed 90 days. Temporary shelter shall
				include both temporary shelter facility and shelter home.
Temporary Shelter Program
. Any
				facility which operates to receive children under 18 years of age for temporary
				shelter care during the day or night when such children request shelter
				therein, or when such children are placed there by a placement agency, a
				parent, a law enforcement agency, or a court with authority to make such
				placement. Temporary shelter facility shall not mean family foster care or a
				group care facility, a police station or a town lockup.
Transition to Independent Living
				Program
. Any residential program designed to serve adolescents
				and young adults for whom the service plan and/or treatment goal is independent
				living. Transition to independent living program shall not include unstaffed
				independent living programs where residents live in self-contained
				units.
Transitional Housing Program Serving Teen
				Parents
. A facility or program for parents who are 16 years of
				age or older in which the parents reside in a structured setting that includes
				educational, psychological and medical services, including counseling and basic
				life skills toward living independently. The facility or program shall require
				the parents to reside with their children.
(2)
Definitions Pertaining to
			 Restraint
. As used in
			 606 CMR 3.00, the following
			 words shall have the following meanings when used in the context of a
			 restraint:
De-escalation
. Strategies used to
				defuse a volatile situation, to assist a resident to regain behavioral control
				and to avoid physical intervention.
Mechanical Restraint
. The use of any
				device or equipment to restrict the movement of a resident or the movement or
				normal function of a portion of his or her body.
Mechanical
				Restraint
does not include an adaptive or protective device
				recommended by a physician and consented to by the parent, when used as
				recommended by the physician for protection of a resident from serious self
				injury, or to promote normative body positioning and physical
				functioning.
Medication Restraint
. The
				administration of medication for the purpose of temporarily controlling
				behavior.
Monitoring
. Observation of the
				physical, verbal and behavioral responses of a resident for signs of distress
				or signs of behavioral calming while being restrained.
Physical Escort
. A temporary touching
				or holding, without the use of force, of the hand, wrist, arm, shoulder or back
				for the purpose of inducing a resident who is agitated to walk to a safe
				location.
Physical Restraint
. Direct physical
				contact that prevents or significantly restricts a resident's freedom of
				movement.
Physical Restraint
does not include
				providing brief physical contact, without force, to promote resident safety or
				limit self-injurious behavior, providing physical guidance or prompting when
				teaching a skill, redirecting attention, providing comfort, or a physical
				escort.
Processing
. Verbal interactions
				between staff and a resident who has been restrained, designed to assist the
				staff and resident in reviewing the behavioral incident and the restraint, with
				the goal of minimizing the need for future restraint.
Prone Restraint
. A restraint in which
				a resident is placed face down on the floor or on another surface, and physical
				pressure is applied to the resident's body to keep the resident in the prone
				position.
Prone Restraint
does not include temporary
				prone positioning used by the Department of Youth Services, as a secondary
				tactic for handcuffing a resident.
Release
. Ending the restraint hold on
				a resident.
Restraint
. The use of any force,
				physical device, medication or seclusion as a means to temporarily control
				behavior.
Restraint Coordinator
. Licensee staff
				member responsible for oversight of all matters related to restraint, including
				oversight and documentation of training; ensuring that restraints are only
				employed when necessary and that the restraint method taught is being used
				correctly; data collection, analysis and reporting, and review, with the
				restraint safety committee of restraint data and staff/resident safety
				information.
Restraint Follow-up
. Review by
				program management of each restraint with involved staff as part of a feedback
				and quality assurance process.
Seclusion
. The involuntary
				confinement of a resident alone in a room or area from which the resident is
				physically prevented from leaving.
Seclusion
does not
				include permissible group separation as detailed in
				606 CMR
				3.07(7)(k), nor does it
				include permissible separation used by the Department of Youth Services for
				purposes of room confinement related to population control, during shift
				changes and investigation as described in
				606 CMR
				3.07(7)(n).