North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-17 - Psychiatric Residential Treatment Facilities for Children › Section 75-03-17-01 - Definitions

Current through Supplement No. 393, July, 2024
1.
				"Accredited" means to be accredited and in good standing by an independent,
				not-for-profit accreditation organization approved by the United States
				department of health and human services and the department, including the
				commission on accreditation of rehabilitation facilities, the joint commission,
				and the council on accreditation.
2. "Active treatment" means a strength based,
				culturally competent, and medically appropriate treatment designed to meet
				immediate needs with specific outcome and return to the family or another less
				restrictive community setting as soon as clinically possible and when treatment
				in a facility is no longer medically necessary.
3. "Aftercare" means followup support and
				services provided to a resident and family after discharge from a
				facility.
4. "Applicant" means the
				entity requesting licensure as a psychiatric residential treatment facility for
				children under this chapter.
5.
				"Child", "children", or "resident" means an individual or individuals under the
				age of twenty-one.
6. "Clinical
				supervision" means the oversight responsibility for individual treatment plans
				and individual service delivery.
7.
				"Condition" means a violation of the requirements of any applicable law or
				regulation.
8. "Department" means
				the department of health and human services.
9. "Diagnostic assessment" means a written
				summary of the history, diagnosis, and individual treatment needs of an
				individual with a mental illness using diagnostic, interview, and other
				relevant assessment techniques.
10.
				"Discharge planning" means the multidisciplinary process that begins at the
				time of admission that identifies the child's and family's needed services and
				supports upon discharge.
11.
				"Employee" means an individual compensated by the facility to work, including
				contracted service providers who conduct onsite training, treatment groups,
				individual therapy, or other facility services.
12. "Family-driven" means the family has a
				primary decisionmaking role in the care of its own children.
13. "Individual person-centered treatment
				plan" means a youth-guided and family-driven written plan of intervention,
				treatment, and services that is developed under clinical supervision on the
				basis of a diagnostic assessment.
14. "Individual with a mental illness" means
				an individual with an organic, mental, or emotional disorder that substantially
				impairs the capacity to use self-control, judgment, and discretion in the
				conduct of personal affairs and social relations. "Individual with a mental
				illness" does not include an individual with intellectual disabilities of
				significantly subaverage general intellectual functioning which originate
				during the developmental period and is associated with impairment in adaptive
				behavior, although an individual who has intellectual disabilities may also be
				an individual who has a mental illness. A substance use disorder does not per
				se constitute mental illness, although an individual who has a substance use
				disorder may also be an individual who has a mental illness.
15. "Initial license" means a license for a
				new facility that is in effect for one year.
16. "Nonemployee" means an individual,
				including a volunteer or student intern, who is not compensated by the
				facility.
17. "Psychiatric
				residential treatment facility for children" or "facility" means a facility or
				a distinct part of a facility that provides to children and adolescents a
				total, twenty-four-hour, therapeutic environment integrating group living,
				educational services, and a clinical program based upon a comprehensive,
				interdisciplinary clinical assessment and an individualized treatment plan that
				meets the needs of the child and family. The services are available to children
				in need of and able to respond to active psychotherapeutic intervention and who
				cannot be effectively treated in their own family, in another home, or in a
				less restrictive setting. The facility must be in compliance with requirements
				for psychiatric residential treatment facilities under
				42 U.S.C.
				1396d [Pub. L. 89-97; 79 Stat. 351] and
				title 42, Code of Federal Regulations, subpart D, part 441 and subpart G, part
				483.
18. "Residential treatment"
				means a twenty-four-hour a day program under clinical supervision in a
				community residential setting other than an acute care hospital, for the active
				treatment of individuals with mental illness.
19. "Sentinel event" means any serious injury
				or trauma to a resident, death of a resident, or inappropriate sexual
				contact.
20. "Serious injury" means
				any significant impairment of the physical condition of the child as determined
				by qualified medical personnel. This includes burns, lacerations, bone
				fractures, substantial hematoma, and injuries to internal organs, whether
				self-inflicted or inflicted by someone else.
21. "Serious risk of harm" means a
				substantial likelihood of:
a. Suicide, as
				manifested by current suicidal threats, attempts, or significant depression
				creating immediate risk of suicide;
b. Killing or inflicting serious bodily harm
				to self or another individual, as manifested by current act; or
c. Substantial deterioration in physical
				health or substantial injury, disease, or death based on current poor
				self-control or judgment.