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 75-03-40-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Accredited" means to be accredited and in
				good standing by an independent, not-for-profit organization approved by the
				department. Accreditation organizations preapproved include the commission on
				accreditation of rehabilitation facilities, the joint commission, or the
				council on accreditation. Any other accrediting bodies must be approved by the
				federal health and human service office before the department can consider
				approval.
2. "Aftercare" means
				followup support and services provided to a resident and family after discharge
				from a facility.
3. "Assessment"
				means the ongoing process of identifying and reviewing a resident and the
				resident's family's strengths and needs based upon input from the resident, the
				resident's family, and others, including community members and health
				professionals.
4. "Behavior
				management" means techniques, measures, interventions, and procedures applied
				in a systematic fashion to prevent or interrupt a resident's behavior and
				promotes positive behavioral or functional change fostering resident
				self-control.
5. "Care plan" or
				"case plan" means the plan developed by the child and family team that
				incorporates formal and informal services and supports into a comprehensive,
				integrated plan that, using the identified strengths of the resident and the
				resident's family, addresses the needs of the resident and the resident's
				family across life domains to support the resident and the resident's family to
				remain in or return to the community.
6. "Child and family team" means an advisory
				or recommending group in relation to the resident's case plan. The custodial
				agency and child and family team, led by the resident and the resident's
				family, shall work cooperatively through multiagency and multidisciplinary
				approaches to provide a wider variety of support services to the resident, the
				resident's family, and foster care provider to carry out the permanency goals
				for the case plan.
7. "Contracted
				service providers" means an individual or entity under contract or agreement
				with the facility to provide services and supports to residents.
8. "Custodian" means a person, other than a
				parent or guardian, to whom legal custody of the resident has been given by
				court order.
9. "Employee" means an
				individual compensated by the facility to work in a part-time, full-time,
				intermittent, or seasonal capacity for the facility. This definition is not
				inclusive to contracted service providers who come onsite to conduct trainings,
				treatment groups, individual therapy, or other program services.
10. "Facility" means a qualified residential
				treatment program.
11. "Guardian"
				means a person who stands in loco parentis to a resident or court appointed
				pursuant to North Dakota Century Code chapters 30.1-27 or 30.1-28.
12. "License" means a facility that is either
				licensed by the department or approved by the department if the facility is
				located within a tribal jurisdiction.
13. "Mechanical restraint" means any device
				attached or adjacent to the resident's body that the resident may not easily
				remove which restricts freedom of movement or normal access to the resident's
				body.
14. "Nonemployee" means an
				individual who is not compensated by the facility, such as a volunteer or
				student intern providing a specific service under the supervision of an
				employee.
15. "Normalcy" means a
				resident's ability to easily engage in healthy and age or developmentally
				appropriate activities that promote the resident's well-being, such as
				participation in social, scholastic, and enrichment activities.
16. "Nurse" means a nurse licensed in
				accordance with North Dakota Century Code chapter 43-12.1.
17. "Outcomes" means the results to which all
				performance targets must contribute, describing specific states or conditions
				that change, and which are influenced by the achievement of performance
				targets.
18. "Overnight hours"
				means a consecutive eight-hour period of time designated as resident sleep
				hours defined by the facility.
19.
				"Personnel" means employees hired and nonemployees placed with or present in
				the facility.
20. "Qualified
				individual" means a trained professional or licensed clinician designated by
				the department to complete the assessment, which will assist in determining the
				resident's appropriate level of care.
21. "Reasonable and prudent parent standard"
				means the standard characterized by careful and sensible parental decisions
				that maintain the health, safety, and best interests of a resident while at the
				same time encouraging the emotional and developmental growth of the resident
				participating in extracurricular, enrichment, cultural, and social
				activities.
22. "Resident" means an
				individual under the age of twenty-one admitted to and residing in the
				facility.
23. "Restraint" means a
				personal restraint that only involves an application of physical force without
				the use of any device, for the purpose of restraining the free movement of a
				resident's body.
24. "Seclusion"
				means involuntarily confining a resident alone in a room or area where the
				resident is prevented from leaving.
25. "Trauma informed" is the services or
				programs to be provided to or on behalf of a resident and the resident's family
				under an organizational structure and treatment framework that involves
				understanding, recognizing, and responding to the effects of all types of
				trauma in accordance with recognized principles of a trauma informed approach
				and trauma specific interventions to address trauma's consequences and
				facilitate healing.
26. "Trauma
				informed treatment" means a treatment model designed to address the identified
				needs, including clinical needs as appropriate, of the resident with serious
				emotional or behavior disorders or disturbances and is able to implement the
				treatment identified for the resident by the assessment completed by the
				qualified individual.
27.
				"Treatment" means the use of interventions that prevent or cure disease,
				reducing symptoms, and restoring the resident to the highest practical
				functional level.
28. "Treatment
				plan" means a plan created by the facility which delineates goals, objectives,
				and therapeutic interventions regarding the appropriate level of care based on
				the uniqueness of each resident, which considers the perspectives of the
				resident, the resident's clinical treatment team, family and significant
				others, which builds on the resident's strengths, and which incorporates a
				discharge focus.
General Authority:
NDCC 50-11-03
Law Implemented:
NDCC 50-11-00.1,
					 50-11-03