West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Administrator -- The designated person responsible for carrying out the
				governing body's policies and overseeing the daily operations of the
				facility.
3.2. Aftercare --
				Services to be provided subsequent to a child's discharge from placement as
				identified in the discharge plan.
3.3. Adult Protective Services/Child
				Protective Services (APS/CPS) Background Check - an authorized disclosure of an
				individual's history with the Department as an identified adult or child abuse
				maltreater.
3.4. Aversive
				Conditioning -- The application of startling, painful, or noxious stimuli for
				the purpose of behavior management.
3.5. Aversive Procedures -- Restrictive
				procedures that impose undesirable consequences for inappropriate
				behaviors.
3.6. Behavior Support
				Plan. -- A written plan designed to teach adaptive behaviors and reduce or
				eliminate maladaptive behaviors.
3.7. Behavioral Health Services and Treatment
				-- Services designed to improve the adaptive functioning (including but not
				limited to emotional, behavioral, interpersonal, and age-appropriate
				independent functioning) of children with mental illness; developmental
				disabilities; behavioral challenges; traumatic brain injuries expressed as
				emotional or behavioral difficulties; or substance abuse.
3.8. Care Plan/Master Plan of Care -- A
				document describing the services to be provided to a child while in residential
				care and treatment. This plan may also be referred ot as a treatment
				plan.
3.9. Case Record/Clinical
				Record -- A comprehensive collection of information about a child in the care
				of an organization providing residential treatment.
3.10. Case Record Review -- The review of
				case records for accuracy, consistency, quality, and compliance by an
				individual or group of individuals.
3.11. Child -- Any person less than 18 years
				of age or who is a transitioning adult as defined in subsection 3.85 of this
				rule.
3.12. Child Abuse -- Any act
				or omission that creates an abused child as the term is defined in W. Va. Code
				§
									49-1-201.
3.13. Child Neglect -- Any act or omission
				that creates a neglected child as the term is defined in W. Va. Code §
									49-1-201.
3.14. Child's Case Plan -- A comprehensive
				document prepared by the Department following an adjudication by the court that
				the child is an abused or neglected, or both, child, that directs the provision
				of services, including the services provided to the child and the provision of
				a permanent placement for the child.
3.15. Child-Specific Training -- Training
				provided to respond to the individualized needs of a child.
3.16. Civil Rights -- The rights of personal
				liberty guaranteed by the Constitutions of the United States and the State of
				West Virginia, by federal, and state laws.
3.17. Continuous Quality Improvement -- A
				well-defined process for assessing and improving the overall performance of the
				organization by identifying standards that will promote quality outcomes for
				persons served and modifying the organization's practices and services to meet
				those outcomes.
3.18. Corporal
				Punishment -- Punishment intended to cause physical pain to a child.
3.19. Corrective Action Plan -- A written
				agreement between the Department and an organization that outlines the steps an
				organization shall take to correct areas of non-compliances identified by the
				Department through an inspection or the investigation of a complaint.
3.20. Criminal History Background Check -- A
				review of information pursuant to the provisions of the West Virginia Clearance
				for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code
				§
									16-49-1
et seq.,
and 69CSR10, and an examination of protective service records to determine
				eligibility for employment or participation under this rule.
3.21. Crisis Intervention Skills and
				Techniques -- Methods used to de-escalate situations that could result in harm
				to persons or property.
3.22.
				Critical Incident -- An alleged, suspected, or actual occurrence that creates a
				significant risk of substantial or serious harm to the physical or mental
				health safety or well-being of a child in residential treatment, including but
				not limited to any of the following: abuse, neglect, death due to any cause,
				attempted suicide, behavior that will likely lead to serious injury or
				significant property damage, fire resulting in injury, relocation or an
				interruption of services, any major involvement with law enforcement
				authorities, injury that requires hospitalization or results in permanent
				physical damage, life-threatening reaction because of a drug or food, a serious
				consequence resulting from an apparent error in medication or dietary
				administration, extended and unauthorized absence of a child that exceeds his
				or her plan of care provision for community access, or the unplanned removal of
				a child, against his or her wishes, from either residential or program
				services.
3.23. Department -- The
				West Virginia Department of Health and Human Resources.
3.24. Detoxification -- The process of
				eliminating the toxic effects of drugs and alcohol from the body.
3.25. Direct Service Worker -- Any employee
				of an organization who works directly with children as a major function of his
				or her job.
3.26. Discharge -- The
				termination of a child's placement or services with an organization.
3.27. Discharge Planning -- The organized
				process of identifying the approximate length of stay and the criteria for exit
				of a child from the current service, and less restrictive alternatives for a
				later date. Discharge planning begins upon admission and includes provision for
				appropriate follow-up services.
3.28. Discipline -- Corrective action to
				discourage rule violation or undesirable behavior.
3.29. Documentation -- A record in compliance
				with this rule.
3.30. Early
				Periodic Screening, Diagnosis and Treatment (EPSDT), also known as
				"HealthCheck" -- The child health component of the Medicaid program that
				establishes standards of medical care for children.
3.31. Family and Permanency Team -- A team
				required for children placed in qualified residential treatment programs
				designated to review and approve the child's placement and plan of care, as
				appropriate, that includes members of the family's choice.
3.32. Goal -- An expected result or condition
				that takes time to achieve, is specified in a statement of relatively broad
				scope, and provides guidance in establishing intermediate objectives directed
				toward its attainment.
3.33.
				Governing Body -- A person or persons with the administrative control and legal
				authority to set policy and oversee operations of an organization.
3.34. Group Residential Child Care and
				Treatment -- A residential program that provides room, board, supervision and
				behavioral health treatment to children or transitioning adults with
				behavioral, developmental or psychiatric, or both, challenges that includes all
				sub-types of care addressed in this rule.
3.35. Health Screen -- A physical examination
				that is administered by a qualified health practitioner (i.e., medical or
				osteopathic physician; registered nurse; physician's assistant) that occurs
				within 72 hours of placement into a new milieu.
3.36. High-Quality Group Residential Child
				Care Treatment for Vulnerable Children -- Provision of supervision, room, board
				and psychosocial or habilitative treatment for vulnerable children and youth
				who are in need of out-of-home care and may be considered emotionally,
				developmentally and or behaviorally challenging. These programs will be
				operated with a trauma-informed structure throughout the
				organization.
3.37. Human Resources
				-- All persons providing services within an organization including all
				employees, volunteers, student interns and consulting professionals.
3.38. Incident -- An act or series of acts or
				behaviors, that place a child or others at risk.
3.39. Independent Contractor -- Individuals
				who perform paid services for youth and are not employed by the residential
				facility. This individual performs services as specified in a contract or
				formal agreement as needed or required.
3.40. Informed Consent -- Written
				verification that a child and his or her parent or guardian have been informed
				of the nature of the treatment provided to the child and that they agree to the
				proposed treatment.
3.41.
				Institutional Investigative Unit -- A unit of the Department authorized by the
				Secretary to investigate complaints of child abuse or neglect.
3.42. Interdisciplinary Team -- A group
				including a child, representatives from the organization, parent or guardian,
				and guardian ad litem or attorney representing the child, whose responsibility
				is to design and review a child's plan of care.
3.43. Intermediate Care Facility for Persons
				with Intellectual Disability -- A facility that provides appropriate
				supervision, medical, and habilitation services for individuals with
				intellectual or developmental disabilities, or both, as defined in
				42 C.F.R. §
										440.150.
3.44. Intervention -- Actions designed to
				assist the child in completing the objectives contained within his or her care
				plan.
3.45. Maternity and Parenting
				Facility -- Provision of supervision, room, board, and psychosocial or
				treatment care for young women who are pregnant or parenting.
3.46. Medication Error -- The failure to
				administer a drug in a manner as instructed or indicated in the Six Rights of
				Medication Administration as defined in subsection 3.81 of this rule.
3.47. Multidisciplinary Treatment Team -- A
				treatment team that includes the individuals listed in W. Va. Code §
									49-4-405(b) or
				49-4-406(d)(2),
				as the case may be, who assess, plan, and implement a comprehensive,
				individualized service plan for the child.
3.48. Non-critical Incidents -- Events
				occurring to a child that need to be recorded and briefly investigated or
				reviewed by the organizations and tracked for risk management or quality
				improvement purposes. These incidents would not include behaviors for which
				there is a behavior support plan and data tracking mechanism in
				place.
3.49. Normalcy. -- A
				practice of allowing children and youth in out-of-home care to experience
				childhood and adolescence in ways similar to their peers who are not in child
				residential child care and treatment facilities.
3.50. Objective -- Desired measurable
				outcomes related to a goal stated in terms understandable to the child and his
				or her parent or guardian and agreed upon by the interdisciplinary
				team.
3.51. On-ground Educational
				Program -- An educational program conducted on the property of an
				organization.
3.52. Outdoor
				Therapeutic Educational Program -- Any entity that provides care, supervision
				and treatment for older children and transitioning youth and adults in an
				outdoor setting where routine and specially planned activities are provided in
				an outdoor milieu and designed to improve the child's social, emotional,
				behavioral and educational functioning.
3.53. Parents or Guardian -- A person or
				persons with an ongoing, legally identified, and recognized responsibility for
				caring for a child.
3.54. Physical
				Escort -- Using a light grasp to escort a child to a desired location. If the
				child can easily remove or escape the grasp, it is not a physical restraint. If
				the child cannot easily remove or escape the grasp, it would be a physical
				restraint.
3.55. Placement -- any
				out of home living arrangement, or the ongoing care of a child in an adoptive
				or foster home, group facility, or other approved living setting.
3.56. Placement Agreement -- A written
				document signed by the child's parent or guardian and a representative of the
				organization, that specifies the terms of the child's placement.
3.57. Policy -- A statement of the principles
				that guide and govern the activities, procedures, and operations of a
				program.
3.58. Procedures -- The
				specific methods by which policies are implemented.
3.59. Professional Employees - Individuals
				who meet the criteria set forth by the licensing boards governing their
				specific scope of practice as found in Chapter 30 of the West Virginia
				Code.
3.60. Program -- A system of
				services provided to those persons who are clients of an
				organization.
3.61. Psychiatric
				Emergency -- An incident during which a child loses control and behaves in a
				manner that poses substantial likelihood of physical harm to himself or
				herself, or to others.
3.62.
				Psychiatric Residential Treatment Facility for Persons under 21 -- A
				free-standing program or physically distinct part of a psychiatric inpatient
				facility that provides intensive, coordinated, and medically supervised
				behavioral health services in a residential setting to children and adolescents
				that do not need acute care as defined in
				42 C.F.R. §
										483.350 and §
									441.151.
3.63. Psychotropic Medication -- Any drug
				that affects brain activities associated with mental processes and
				behaviors.
3.64. Qualified
				Individual -- A trained professional or licensed clinician who is not an
				employee of the organization, and who is not connected to, or affiliated with,
				any placement setting in which children are placed by the organization, who
				conducts a 30-day assessment of the appropriateness of the qualified
				residential treatment program for children entering those programs.
3.65. Qualified Residential Treatment Program
				-- Provision of supervision, room, board, high-level psychosocial or
				habilitative treatment operated with a trauma-informed treatment model for
				children with serious emotional or behavioral disorders, or both, and
				disturbances who have:
3.65.1. Been unable to
				be maintained in their families with preventative services; and
3.65.2. Demonstrated an inability to function
				in foster homes or less restrictive forms of group residential child care due
				to significant lack of behavioral control; and
3.65.3. Been diagnosed with a significant
				autism spectrum disorder, reactive attachment disorder, serious intellectual
				disabilities, sexual offense behavior, sexually reactive disorder, youth who
				are violent with serious behavioral disorders, and youth with serious
				self-injurious behaviors that make him or her at a higher risk of out-of-state
				placements; and
3.65.4. Been
				assessed to need the structure and mental health expertise provided by the
				services in a qualified residential treatment program.