reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-17 - Direct care employees

Current through Supplement No. 393, July, 2024
1. The facility
				clearly shall define, in writing, the duties and responsibilities of the direct
				care employees.
2. All direct care
				employees must:
a. Be at least twenty-one
				years of age;
b. Have a high school
				diploma or equivalent; or
c. Have
				at least one year of experience working with children or families. If a
				prospective direct care employee does not have one year of experience working
				with children or families, the facility may choose to hire, but then shall
				provide shadowing and supervision to the direct care employee for up to one
				year or until the direct care employee has successfully completed all required
				training noted in section
				75-03-40-29
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-18 - Nurse

Current through Supplement No. 393, July, 2024
1. The facility clearly shall define, in
				writing, the duties and responsibilities of the nurse which must be within the
				scope of North Dakota Century Code chapter 43-12.1.
2. A facility shall provide for an onsite
				nurse to accommodate the medical needs of residents.
3. The nursing employee may be an employee of
				the facility or a contracted provider available to provide onsite nursing
				services to residents.
4. The
				facility shall provide the nurse with a private office located on the property
				where the residents reside to allow for engagement during the day to meet
				residents' medical needs.
General Authority
: NDCC 50-11-03
Law Implemented
: NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-19 - Family engagement specialist

Current through Supplement No. 393, July, 2024
1. The
				facility clearly shall define, in writing, the responsibilities of family
				engagement specialists. The duties of the family engagement specialist must be
				devoted to the provision of family engagement and aftercare service supports to
				best meet the needs of the resident and the resident's custodian, parent, or
				guardian. The family engagement specialist shall maintain ongoing contact with
				the resident's custodian, parent, or guardian as a liaison to the resident's
				treatment in the facility and postdischarge aftercare planning. Tasks may
				include:
a. Offering support to the treatment
				coordinator and the resident's treatment planning, while placed in the
				facility;
b. Providing and
				coordinating aftercare services and supports which may include making referrals
				and scheduling appointments;
c.
				Preparing the aftercare plan;
d.
				Communicating with the aftercare client and custodian, parent, or guardian, in
				collaboration with the treatment coordinator, at least twice per month or more
				often as needed;
e. Planning for
				crisis management and support to the aftercare client and the client's family;
				and
f. Engaging with community
				providers to ensure continuity of services documented in the aftercare
				plan.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-20 - Contracted service providers

Current through Supplement No. 393, July, 2024
A facility may contract for or otherwise arrange professional
				  services not provided by the facility when necessary for implementation of a
				  resident's treatment plan. If a facility does contract for professional service
				  providers to offer treatment onsite, the facility shall:
1. Maintain a list of all contracted service
				providers offering services onsite;
2. Require each contracted service provider
				to have the appropriate North Dakota license or certification; and
3. Require each contracted service provider
				to submit written reports to the facility on the resident's treatment
				progress.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-21 - Nonemployees

Current through Supplement No. 393, July, 2024
1. A facility that uses nonemployees shall:
a. Develop and provide a copy of a
				description of duties and specified responsibilities;
b. Designate an employee to supervise and
				evaluate nonemployees; and
c.
				Develop a plan for the orientation and training of nonemployees to include the
				philosophy of the facility and the needs of the residents and the residents'
				families.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-22 - Personnel policies

Current through Supplement No. 393, July, 2024
The facility shall identify to the department all personnel
				  positions, using the titles and duties described in this chapter. For purposes
				  of internal operations, a facility may use any definition or title for its
				  positions. All personnel must be capable of performing assigned duties. The
				  facility shall have clearly written personnel policies for employees and when
				  applicable, nonemployees. The facility shall make the policies available to all
				  personnel. The policies must include:
1. An annual professional training and
				development plan for all positions;
2. Procedures for reporting suspected child
				abuse and neglect;
3. Procedures
				detailing employee supervision and the number of employees one supervisor can
				supervise. The facility shall require and document annual training for
				supervisors to maintain and improve competence in the supervisory role and in
				facility treatment practices;
4.
				Procedures for employee annual written evaluation;
5. Procedures for personnel disciplinary
				actions and terminations;
6.
				Procedures for storing personal belongings which may include car keys, cell
				phones, and personnel medication while on duty;
7. Procedures for personnel
				grievances;
8. Each facility shall
				implement policy and procedure to address:
a.
				Zero tolerance policies, which must include zero tolerance for sexual abuse and
				sexual harassment by personnel to others in the facility;
b. Nondiscrimination against all personnel;
				and
c. Steps taken when personnel
				violates policy, procedures, or licensing standards that affects the mental or
				physical well-being of a resident; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-23 - Confidentiality

Current through Supplement No. 393, July, 2024
1. For
				purposes of this section, "persons who have a definite interest in the
				well-being of the residents" include:
a. The
				resident's custodian, parent, or guardian, except to the extent the parental
				rights have been terminated or limited by court order;
b. The referring agency that placed a
				resident in the facility; and
c. An
				individual or entity identified as a provider of services, as determined by the
				department, located in the home community of the resident, for the purposes of
				reunification.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-24 - Child abuse and neglect

Current through Supplement No. 393, July, 2024
1. Upon hire and
				annually thereafter, all personnel shall certify having read the law requiring
				the reporting of suspected child abuse and neglect, North Dakota Century Code
				chapter 50-25.1, and having read and received a copy of the facility's written
				child abuse and neglect procedures.
2. Each facility shall adopt written policies
				and procedures requiring personnel to report cases of suspected child abuse or
				neglect. The procedures must include the following statement: "All personnel
				will comply with North Dakota Century Code Chapter 50-25.1, child abuse and
				neglect. Therefore, it is the policy of this facility that if any personnel
				knows or reasonably suspects the health or welfare of a current resident or
				former resident receiving aftercare services has been, or appears to have been,
				harmed as a result of abuse or neglect, that personnel immediately shall report
				this information to the department. Failure to report this information in the
				prescribed manner constitutes grounds for dismissal from employment or
				placement of nonemployee and referral of the personnel to the office of the
				state's attorney for investigation of possible criminal violation."
3. The facility's policies and procedures
				must describe:
a. To whom a report is
				made;
b. When a report must be
				made;
c. The contents of the
				report;
d. The responsibility of
				each individual in the reporting chain;
e. The status and discipline of personnel who
				fails to report suspected child abuse or neglect; and
f. The status of the personnel while the
				report is being assessed; if they are the subject of the report.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-26

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02,
					 50-11-06.8
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-27 - Personnel health requirements

Current through Supplement No. 393, July, 2024
1. All
				personnel must be capable of performing assigned tasks.
2. All employees shall undergo an initial
				health screening, performed by or under the supervision of a physician not more
				than one year prior to or thirty days after employment to verify good physical
				health to work in the facility. The professional performing the screening shall
				sign a report indicating the presence of any health condition that would create
				a hazard to others in the facility.
3. All personnel shall undergo an initial
				test or screening for tuberculosis, within thirty days after employment or
				placement, and test results placed in personnel files within thirty days of
				employment.
4. Unless effective
				measures are taken to prevent transmission, each facility shall develop a
				policy addressing that personnel suffering from a serious communicable disease
				must be isolated from other personnel and residents who have not been
				infected.
5. The facility shall
				develop a policy regarding health requirements for personnel, including how
				often health screenings and tuberculosis testing will be required by the
				facility following the initial screening requirements.
6. The facility shall develop a policy
				requiring all personnel to have the ability to carry out their assigned
				functions and duties. Personnel whose condition gives reasonable concern for
				safety of residents may not be in contact with residents in
				placement.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-28 - Minimum employee requirements

Current through Supplement No. 393, July, 2024
1. For
				purposes of this section:
a. "Reside" means to
				sleep and keep personal belongings; and
b. "Structure" means a building that is or
				may be free standing. The existence of a walkway, tunnel, or other connecting
				device on, above, or below ground is not effective to make one structure from
				two or more component structures.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-29 - Employee professional development

Current through Supplement No. 393, July, 2024
1.
				All employees in contact with residents shall receive at least twenty hours of
				training per year, with evidence of completion in the employee file.
2. Required trainings to prepare employees to
				meet the needs of residents served by the facility include:
a. Certified first aid;
b. Certified cardiopulmonary resuscitation
				and automated external defibrillator training;
c. Certified nonviolent crisis intervention
				training;
d. Institutional child
				abuse and neglect training;
e.
				Facility trauma informed care training;
f. Child abuse and neglect mandated reporter
				training;
g. Children's emotional
				and developmental needs; and
h.
				Suicide prevention training, including identification of signs and facility
				response measures.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-30 - Resident file

Current through Supplement No. 393, July, 2024
1. Upon placement,
				a resident's case record is confidential and must be protected from
				unauthorized examination unless permitted or required by law or regulation. The
				facility shall adopt a policy regarding the retention of resident
				records.
2. The resident record
				must include on file:
a. A file inventory with
				dates of admission, discharge, aftercare, referral source, and emergency
				contact information;
b. The
				resident's full name, date of birth, and other identifying
				information;
c. A photo of the
				resident;
d. The name and contact
				information of a custodian and parent or guardian at the time of admission, as
				well as contact information of additional family members approved to engage in
				visitation and maintain family connections;
e. The date the resident was admitted and the
				referral source;
f. Signed care
				agreement or contract, including financial responsibility and expectations of
				all parties. The placement agreement must indicate a clear division of
				responsibility and authority between the facility and the custodian and parent
				or guardian;
g. Signed written
				consents, as applicable;
h. A copy
				of the initial and all ongoing assessment reports completed by the department
				approved qualified individual or documentation indicating placement approval or
				denial if the resident is accepted for an emergency placement;
i. A copy of required interstate compact
				forms, as applicable;
j. If the
				resident is in public custody, a current court order establishing the placement
				authority of a public agency;
k.
				Treatment progress reports must be provided to the resident, custodian and
				parent or guardian monthly, or upon request. Any progress reports received at
				the facility from an outside agency or professional providing services to the
				resident must be summarized and embedded in the resident's treatment
				plan;
l. Ongoing documentation and
				case activity logs detailing progress;
m. Documentation of discharge
				planning;
n. Visitation records.
				The facility shall have a formal plan for visitation signed by the custodian
				and parent or guardian detailing opportunities for the resident to engage in
				onsite visitation and home visits with family;
o. Education records;
p. All incident reports involving the
				resident; and
q. Documentation the
				clinical director, facility administrator, or designated employee has reviewed
				the resident case record monthly.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-31 - Programs and services

Current through Supplement No. 393, July, 2024
Facility shall utilize trauma informed treatment and shall
				  adopt a plan for the model which must include a description of services offered
				  to residents and their families. The facility shall clearly state which
				  services are provided directly by the facility and which services must be
				  provided in cooperation with community resources, such as public or private
				  schools, nursing, psychological, psychiatric, clinical services, and other
				  appropriate services.
1. The facility
				shall have the ability to provide resource information for referral sources;
				including:
a. Identification of the treatment
				services provided;
b.
				Characteristics, including specific diagnoses, of children appropriate for
				referral and admission to the facility;
c. Trauma informed care model used;
d. The process by which the facility intends
				to achieve its goals;
e. Treatment
				orientation of the facility;
f.
				Information required with the referral;
g. Specialty programs offered by the
				facility;
h. Performance quality
				improvement data;
i. Education
				options available to residents;
j.
				Exclusions of residents the facility is unable to serve, if applicable;
				and
k. Other information as needed
				to assist with determining appropriate level of care for a resident to be
				placed in the facility.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-33 - Admissions and assessment

Current through Supplement No. 393, July, 2024
1.
				Admissions policies and procedures. A facility shall have written resident
				admission policies and procedures that describe the primary treatment offered
				onsite, range of presenting behaviors the facility shall treat, and procedures
				for admitting a resident.
2.
				Admissions and discharge committee. A facility shall have an admissions and
				discharge committee with written policy specific to employees on the committee
				and the timeliness the committee has in responding to referrals. The committee
				shall meet on at least a weekly basis.
3. Admission determination. The admissions
				committee shall complete a written, dated, and signed admission determination
				on a prospective resident which includes a preadmission review and
				identification of the prospective resident's primary presenting needs. The
				facility shall provide the admission determination to the referral within seven
				days of receipt of the completed application. Referral may be completed by:
a. A public agency, if a prospective resident
				is in foster care and a public agency is granted custody and given full
				placement authority pursuant to law or court order; or
b. A parent or guardian, if a prospective
				resident is preapproved by the department as a private
				placement.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-34 - Interstate compact on the placement of children

Current through Supplement No. 393, July, 2024
1. All placements of children made from out
				of state must follow the interstate compact on the placement of children or the
				interstate compact for juveniles and be in full compliance with the appropriate
				interstate compact. It is the responsibility of the facility to ensure, prior
				to the placement in the facility, all necessary procedures pursuant to the
				interstate compact on the placement of children or the interstate compact for
				juveniles have been completed.
2.
				Before admitting an out-of-state resident, a facility shall make arrangement
				with the referral to assure a lawful return of the resident to the sending
				state without regard to the circumstance under which the resident is
				discharged.
3. Out-of-state
				referrals must adhere to all requirements of this chapter.
General Authority
: NDCC 50-11-03
Law Implemented
: NDCC 12-66,
					 14-13
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-35 - Treatment plan

Current through Supplement No. 393, July, 2024
1. A treatment
				coordinator shall develop a written, individualized treatment plan for each
				resident. Upon admission, the facility shall conduct an initial assessment of
				the resident's treatment and service needs and develop a treatment plan. An
				initial abbreviated treatment plan should be developed immediately for each
				resident while the formal treatment plan is developed by utilizing the needs
				assessments and other collateral information within fourteen days. The
				resident's treatment plan must:
a. Indicate
				review of the level of care assessment completed by the qualified individual,
				as well as other supporting documentation to assist in the development of a
				written treatment plan;
b. Be based
				on a thorough assessment of the situation and circumstances of the resident and
				the resident's parent of guardian strengths and needs;
c. Support timely achievement of permanency,
				including reunification, guardianship, or adoption, if in foster
				care;
d. Specify details, including
				the resident's:
(1) Strengths and
				needs;
(2) Parent of guardian's
				strengths and needs;
(3) Behavioral
				functioning;
(4) Psychological or
				emotional adjustment;
(5) Personal
				and social development;
(6) Medical
				needs;
(7) Medication
				management;
(8) Educational and
				vocational needs;
(9) Independent
				living and transition skills; and
(10) Recreational interests and normalcy
				activities;
e. Be
				time-limited, goal-oriented, and individualized to meet the specific needs of
				the resident as identified from the assessment, including:
(1) Implementation date;
(2) Goals and objectives that specify
				behaviors to be modified;
(3)
				Projected achievement dates, with measurable indicators or criteria for
				monitoring progress and assessing achievement of treatment goals; and
(4) The name of the employee or community
				provider responsible for providing treatment required to the resident and the
				resident's parent or guardian;
f. Include and document the involvement from
				the resident, parent or guardian, public custodial agency, courts, schools,
				informal social network, residential treatment team members, peer support, or
				any other individuals important to the resident;
g. Document the conditions for discharge and
				estimated discharge date; and
h. Be
				reviewed at least every thirty days by the treatment coordinator employee or
				designated facility clinician. Changes and modifications must be made and
				documented in writing to ensure appropriateness of the treatment
				goals.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-36 - Discharge plan

Current through Supplement No. 393, July, 2024
Each resident must have their discharge plan developed upon
				  admission and reviewed ongoing as part of the treatment plan.
1. Persons involved in discharge planning
				should include:
a. Resident;
b. Resident's parent or guardian;
c. Custodian, if applicable;
d. Psychiatrist, if applicable;
e. Therapist, if applicable;
f. Clinical director;
g. Treatment coordinator employee;
h. Facility nurse;
i. Facility educator or community
				teacher;
j. Direct care
				employee;
k. Foster care providers,
				if applicable;
l. Juvenile court,
				if applicable; and
m. Other
				individuals important to the resident and family.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-37 - Resident and family engagement

Current through Supplement No. 393, July, 2024
The facility shall create a written policy detailing how the
				  facility embeds foundational concepts of family-driven, resident-guided care
				  into the overall treatment model. The facility's policy shall account for
				  situations in which termination of parental rights has occurred and limitations
				  are set forth in a court order or law. The facility shall document and provide
				  evidence of the resident's and their family's involvement in ongoing treatment
				  planning. Resident and family engagement strategies may include:
1. Ongoing outreach to families during
				resident's treatment;
2. Engagement
				of family and resident in treatment;
3. Recognition of resident and family members
				as co-experts in treatment efforts;
4. Permitting family member onsite visits at
				any time, encouraging or requiring frequent phone contact, and supporting
				frequent home visits;
5.
				Intervention efforts occurring in the home and community whenever
				possible;
6. Parent involvement, if
				appropriate, in facility professional development trainings;
7. Resident and family participation in case
				planning and discharge planning meetings;
8. Resident advocacy and leadership training
				and opportunities within the facility with access and connections made in the
				community;
9. Parent advocacy and
				leadership training opportunities within the facility with access and
				connections made in the community;
10. Teaching a foundation of negotiation and
				conflict resolution skills to residents and their families; and
11. Creating and connecting residential
				intervention with a resident's community through outpatient services and
				providing a range of supporting services to meet each resident and family where
				they reside, ranging from traditional office based out-patient to intensive
				in-home supports, planned and crisis respite care, or skills coaches working in
				community settings.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-38 - Aftercare

Current through Supplement No. 393, July, 2024
The facility shall have written policies and procedures
				  regarding how the six-month aftercare requirements must be implemented to best
				  meet the needs of residents and families, including completion of an aftercare
				  plan that identifies how the facility will ensure continuity of services
				  provided to the resident and the resident's parent or guardian,
				  postdischarge.
1. The aftercare plan
				must be created prior to discharge in collaboration with the resident and the
				resident's custodian, parent, or guardian and must include:
a. A list of followup appointments scheduled
				by the facility;
b. A list of
				resident and family supports;
c. A
				list of resources and referrals completed by the facility engagement specialist
				to meet the needs of the resident, which includes documentation that a release
				of information was signed by the custodian, parent, or guardian for the family
				engagement specialist to maintain postdischarge communication regarding
				services;
d. Coordination with and
				contact information for local service providers;
e. A safety plan created to address treatment
				needs of the resident upon return to the community;
f. Documentation plan for engagement with the
				resident and the resident's custodian, parent, or guardian, service providers,
				and other relevant parties; and
g.
				Documented participation in child and family team meetings if the resident
				remains in foster care.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-39 - Runaway notification

Current through Supplement No. 393, July, 2024
1. A
				facility shall have written policies and procedures for notification if a
				resident has left the facility without permission or fails to return to the
				facility after an approved leave. Facility policy and procedures must detail
				how the determination is made that a resident is missing and must identify the
				employee designated to promptly complete notifications.
2. Facility notifications include:
a. Law enforcement officials and custodian
				and parent or guardian immediately after the facility confirms the whereabouts
				of the resident are unknown; and
b.
				The department's interstate compact administrator within forty-eight hours of
				an out-of-state resident's absence.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-40 - Incident and sentinel event reporting

Current through Supplement No. 393, July, 2024
The facility shall have written policy outlining the
				  documentation of incidents and sentinel events that occur while the resident is
				  in placement. Policy must include:
1.
				Description of an incident as an unplanned occurrence that resulted or could
				have resulted in injury to people or damage to property, specifically involving
				the general public, residents, or agency employees.
a. Incidents involving law enforcement,
				including in the case of a runaway, criminal activity, behavior resulting in
				harm to others, or restraint injury. An incident also may involve issues, such
				as outbreak of a serious communicable disease, harassment, violence, and
				discrimination.
b. Notification
				must be made to the custodian and parent or guardian immediately or no more
				than twelve hours.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-41 - Suicide prevention

Current through Supplement No. 393, July, 2024
A facility shall develop a suicide prevention plan that
				  addresses several key components, including:
1. Personnel training;
2. Intake screening;
3. Ongoing risk assessments;
4. Levels of supervision for
				resident's;
5. Intervention
				options;
6. Use of suicide
				prevention kits with cut down tools;
7. Facility communication, notification, and
				referral procedures;
8. Reporting
				and documentation; and
9. Sentinel
				event debriefing procedures.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-42 - Medical

Current through Supplement No. 393, July, 2024
1. The facility
				shall adopt a comprehensive written plan of preventive, routine, and emergency
				medical care for residents, including first aid, dental, optical care, and
				administration of prescription and nonprescription medicine. If a resident is
				due for a medical examination, the facility shall arrange for a physical
				examination within seven days of admission and for a dental or optical
				examination, if needed, within ninety days of admission. The facility shall
				arrange and provide for necessary remedial and corrective measures for every
				resident as soon as possible after an examination indicates a need.
2. The facility shall have policies governing
				the use of psychotropic medications.
3. The facility shall have a plan to separate
				an ill resident from other residents only if necessary, because of the severity
				of the illness and it is contagious or infectious.
4. The facility shall have a policy to
				prevent transmission of infection from all blood or other body fluid exposures,
				and all personnel shall be aware of and follow policy related to universal
				precautions.
5. The facility shall
				have a first aid kit on each level of the building housing residents, in
				buildings where resident activities take place, and in every vehicle used to
				transport residents. The first aid kit must be placed where it is inaccessible
				to residents, but accessible to personnel. A first aid kit must be inventoried
				and resupplied after each use.
6.
				The facility shall have a suicide prevention kit on each level of the building
				housing residents; including a cut down tool. The kit must be placed where it
				is inaccessible to residents, but accessible and readily available to
				personnel. A kit must be inventoried and resupplied after each use.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-43 - Medication management

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section:
a. "General supervision" means
				regular coordination, direction, and inspection of the exercise of delegation
				of medication administration by a physician or nurse of an employee not
				licensed to administer medications.
b. "Medication administration" means proper
				administration of medication to a resident by an employee designated and
				trained for the administration of medications.
c. "Monitoring of resident
				self-administration" means distributing the medication to the resident by a
				designated and trained employee according to physician and medication label
				instructions and observing and ensuring the proper ingestion, injection,
				application, or inhalation of the medication by the resident.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-44 - Behavior management intervention

Current through Supplement No. 393, July, 2024
1. A
				facility shall create a trauma informed culture that promotes respect, healing,
				and positive behaviors and which minimizes the use of restrictive behavior
				management interventions to the extent possible.
2. The facility shall provide the resident,
				custodian, and parents or guardians a list of facility expectations and
				behavior management intervention guidelines.
3. A facility shall adopt and implement
				written policies and procedures for behavior management consistent with the
				following:
a. Compliance with the standards
				of the facility's accrediting body.
b. Behavior management interventions must be
				constructive or educational in nature.
c. Only employees of the facility may
				prescribe, administer, or supervise the behavior management interventions of
				the resident.
d. A resident may not
				be subject to:
(1) Physical abuse;
(2) Excessive physical exercise or other
				activities causing physical discomfort;
(3) Unduly strenuous physical work;
(4) Verbal abuse, ridicule, or
				humiliation;
(5) Penalizing a group
				for an identified group member's misbehavior;
(6) Any aversive measure that is painful,
				discomforting, dangerous, or potentially injurious; or
(7) Denial of any of the following items:
(a) Shelter;
(b) Emotional support;
(c) Sleep;
(d) A place to sleep with a pillow and
				bedding;
(e) Meals or menu
				items;
(f) Clean clothes;
(g) Personal or telephone visits with the
				resident's custodian, parent or guardian, or advocate;
(h) Time necessary for personal
				hygiene;
(i) Minimum
				exercise;
(j) Mail;
(k) Access to toilet and water facilities, as
				needed;
(l) Attendance at a
				religious service or religious counseling;
(m) Clean and sanitary living
				conditions;
(n)
				Medication;
(o) Program services or
				treatment; or
(p) Entry to the
				facility.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-45 - Emergency safety interventions

Current through Supplement No. 393, July, 2024
The facility shall provide and administer emergency safety
				  interventions as follows:
1. For
				purposes of this section:
a. "Drug used as a
				restraint" means any drug that:
(1) Is
				administered to manage a resident's behavior in a way that reduces the safety
				risk to the resident or others;
(2)
				Has the temporary effect of restricting the resident's freedom of movement;
				and
(3) Is not a standard treatment
				for the resident's medical or psychiatric condition.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-48 - Food and nutrition

Current through Supplement No. 393, July, 2024
1. The facility
				shall appoint an employee to be responsible for complying with requirements for
				healthy and safe food and nutrition practices.
2. All food service personnel shall have
				in-service training annually. Training topics must relate to proper food
				handling procedures, maintenance of sanitary conditions, and food service
				arrangements. Documentation of annual training must be kept in the employee's
				file.
3. Food must be in wholesome
				condition, free from spoilage or contamination and must be safe for human
				consumption.
4. The facility shall
				ensure the nutritional requirements of the residents are met. The facility
				shall serve nutritionally balanced meals each day. Medically required special
				diets must be prepared for residents as needed.
5. Except for garden produce, all homegrown
				food, poultry, meat, eggs, and milk must be from an approved source as
				determined by the state or local health authorities. The facility shall
				document the approval of state or local health authorities.
6. Frozen homegrown food products may be
				served if maintained in compliance with standards prescribed by the department
				for food and beverage establishments.
7. The facility shall provide refrigeration
				for perishable food and shall maintain perishable food in accordance with
				standards prescribed by the state department of health for food and beverage
				establishments.
8. Personnel and
				residents helping to prepare food shall wash their hands before handling food,
				and as often as necessary to keep them clean, and shall use effective hair
				restraints to prevent contamination of food and food contact surfaces.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC
					 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-49 - Resident accommodations

Current through Supplement No. 393, July, 2024
1. The
				facility shall arrange for residents to have a personal supply of clean,
				well-fitting clothing and shoes for both indoor and outdoor wear and
				appropriate for the season.
2. The
				facility shall make room assignments to best meet the needs and vulnerabilities
				of residents. The facility shall assess room assignments on an ongoing basis to
				minimize potential risk to residents.
3. The facility shall provide residents
				personal hygiene and toiletries, including washcloths and towels which must be
				changed when soiled, and no less often than weekly.
4. The facility shall provide residents a bed
				with a clean mattress and bedding. The facility shall provide additional
				blankets to each resident as temperatures make necessary. Sheets and bedding
				must be changed when soiled, and no less often than weekly.
5. A facility that assigns jobs and household
				responsibilities for residents shall do so in a manner that does not conflict
				with the education and treatment schedule or physical health of the residents
				or preclude the opportunity for socialization activities.
6. Participation in recreational and social
				activities must be on the basis of the individualized needs and treatment goals
				of each resident.
7. The facility
				shall advise all residents and the resident's custodian and parent or guardian,
				in writing, of the day-to-day rules of the facility. The facility shall adopt
				day-to-day rules that create the least restrictive environment, consistent with
				the treatment needs of residents. The rules must include:
a. A general description of acceptable and
				unacceptable conduct;
b. A
				resident's individual freedoms when involved in recreational or school
				activities away from the facility; and
c. Consequences for a resident who violates a
				facility rule.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-50 - Transportation

Current through Supplement No. 393, July, 2024
This section applies to the transportation of residents in a
				  facility-owned or leased vehicle, driven by personnel. A facility shall develop
				  a comprehensive transportation policy addressing the following:
1. Driver information. A facility shall
				maintain a list of approved personnel drivers. The list must indicate the name
				of each driver, type of license held, and the date of expiration of the
				license. The list must be on file at the facility.
2. Driver qualifications.
All drivers shall hold a current valid operator's license for
				  the type of vehicle being driven, be at least twenty-one years of age, and have
				  at least one year of experience as a licensed driver. The facility shall
				  complete an initial check of the driver's driving record for any driving safety
				  violations upon hire and annually thereafter.
3. Vehicle capacity and supervision.
a. A facility shall meet employee-to-resident
				ratios; and
b. A facility shall
				determine if additional supervision is required to minimize risk while
				transporting, based on the resident's needs.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-51 - Water safety

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section, "aquatic activity" means an activity in or on a body of water,
				either natural or manmade, including rivers, lakes, streams, swimming pools, or
				water slides. Water activities are prohibited in waters the facility knows
				contain health-threatening pollutants.
2. The facility shall determine the swimming
				ability of each resident prior to engaging in an aquatic activity. The facility
				may not permit any resident to participate in an aquatic activity requiring
				higher skills than the resident's swimming classification, except during formal
				instruction.
3. The facility may
				not permit residents to engage in an aquatic activity without adult supervision
				at all times and without regard to sufficient weather and resident
				abilities.
4. The facility shall
				adopt and enforce a method to account for each resident's whereabouts during
				aquatic activities, such as a buddy system.
5. The facility shall require all activity
				participants wear personal flotation devices during all boating activities,
				including water skiing, canoeing, tubing, and rafting.
6. Prior to any travel in any watercraft, the
				facility shall provide safety instructions.
7. The requirements of this section apply to
				activities wherever the activities take place. If the location where aquatic
				activity takes place does not have lifesaving equipment available, the facility
				is required to provide facility-owned lifesaving equipment. The facility shall
				provide and maintain lifesaving equipment in good repair and shall maintain
				documentation of equipment maintenance. All lifesaving equipment utilized by
				the facility must be listed in policy and immediately accessible in case of an
				emergency.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-40 - Licensing of Qualified Residential Treatment Program Providers › Section 75-03-40-52 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the department, the department may grant a variance regarding a
				  specific provision of this chapter upon such terms as the department may
				  prescribe, except no variance may permit or authorize a danger to the health or
				  safety of any resident cared for by the facility and no variance may be granted
				  except at the discretion of the department. A facility shall submit a written
				  request to the department justifying the variance. A refusal to grant a
				  variance is not subject to appeal.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-41 - Supervised Independent Living › Section 75-03-41-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Agency" means the public or private
				entity licensed by the department to provide supervised independent living
				programming to eligible clients.
2.
				"Client" means an eligible individual between the ages of eighteen and
				twenty-one years and in foster care or eligible to return to foster
				care.
3. "Continued foster care
				services" is a voluntary foster care program to allow a child in foster care to
				remain in or return to foster care between the ages of eighteen and twenty-one
				while in the placement and care of a public agency, but not in public
				custody.
4. "Employee" means an
				individual compensated by the agency to work in a part-time, full-time,
				intermittent, or seasonal capacity for the agency. This definition is not
				inclusive to contracted service providers who come onsite to conduct trainings,
				treatment groups, individual therapy, or other program services.
5. "Licensee" means an agency either licensed
				by the department or approved by the department if the agency is located within
				a tribal jurisdiction.
6.
				"Nonemployee" means an individual who is not compensated by the agency, such as
				a volunteer or student intern providing a specific service under the
				supervision of an employee.
7.
				"Placement and care agency" means a public agency granted legal placement and
				care authority.
8. "Supervised
				independent living program" means a program offered by an agency providing
				services and supports to eligible clients transitioning to
				independence.
9. "Supervised
				independent living setting" means a specific setting certified in accordance
				with the standards set forth by the agency to operate a supervised independent
				living program.
General Authority:
NDCC 50-06-05.1,
					 50-11-03
Law Implemented:
NDCC 50-06-05.1,
					 50-11-00.1