Mont. Admin. R. 37.97.102 - YOUTH CARE FACILITY (YCF): DEFINITIONS
The following definitions apply to all YCF licensing rules:
(1) "Chemical restraint" means
the use of a drug or medication that is used to control behavior or restrict
the youth's freedom of movement, and which is not a standard treatment for the
youth's medical or psychiatric condition. The use of chemical restraint is
prohibited in all YCFs.
(2) "Child"
or "youth" means any person under the age of 18 years, without regard to
emancipation, except for youth covered by Montana Medicaid programs which allow
for participation of youth up to the age of 20 years as defined in ARM
37.87.102,
and parenting or pregnant youth, up to the age of 21 years, who are placed in a
child care agency-maternity home.
(3) "Child care agency" means any YCF in
which substitute care is provided to 13 or more youth.
(4) "Clinical assessment" means an assessment
with a DSM diagnosis and a social history completed by the mental health
professional. Clinical assessments include the following information:
(a) diagnosis supported by a rationale, with
specific behaviors and risk factors identified;
(b) trauma history;
(c) substance use;
(d) presenting problem;
(e) history of problem;
(f) psychiatric history (interventions,
responses to treatment, medications);
(g) developmental history;
(h) medical history;
(i) social and educational history;
and
(j) identified strengths and
needs.
(5)
"Correspondence search" means opening, inspecting, and/or reading a youth's
mail or inspecting the contents of a package.
(6) "Department" means Department of Public
Health and Human Services.
(7)
"Direct care staff" means YCF personnel who directly participate in the care,
supervision, and guidance of youth in a YCF.
(8) "Discharge plan" means a realistic plan
developed at the time of admission to transition the youth to a less
restrictive and appropriate placement with specific services identified and
available.
(9) "Family" means the
youth, the youth's biological, adoptive, or foster family members, siblings,
grandparents, or someone who, though unrelated by birth or marriage, has such a
close emotional relationship with the youth that they may be considered part of
the family.
(10) "Licensure bureau"
means the area of the department responsible for licensing a YCF.
(11) "Maternity home" means a YCF which
provides for the care and maintenance of youth during pregnancy, childbirth,
and postnatal periods. A maternity home must meet the licensing requirements of
a child care agency regardless of the number of residents served.
(12) "Mechanical restraint" means the use of
devices as a means of restricting a youth's freedom of movement. The use of
mechanical restraint is prohibited in any YCF.
(13) "Mental health professional" means a
licensed clinical psychologist, licensed clinical social worker (LCSW),
licensed marriage and family therapist (LMFT), licensed clinical professional
counselor (LCPC), or any of following licensure candidates under Title 37,
chapter 22, 23, or 37, MCA:
(a) social worker
licensure candidate;
(b)
professional counselor licensure candidate; or
(c) marriage and family therapist licensure
candidate.
(14)
"Pat-down search" means a body search done outside of a youth's clothing with
the intention of locating suspected contraband.
(15) "Personal property search" means a
search which includes but is not limited to going through a youth's personal
property and/or room including closet, bed, desk, dresser drawers, etc., with
the intention of looking for contraband.
(16) "Physical escort" means the temporary
touching or holding of the hand, wrist, arm, shoulder, or back for the purpose
of inducing a youth who is acting out to walk to a safe location.
(17) "Physical restraint" means a personal
restriction that immobilizes or reduces the ability of the free movement of an
individual's arms, legs, or head. Such term does not include physical escort.
Physical restraint may be imposed only in emergency circumstances and only to
ensure the immediate physical safety of the resident, a staff member, or
others, when less restrictive interventions have been determined to be
ineffective.
(18) "Program manager"
means an employee of a therapeutic group home provider who is responsible for
the overall management and supervision of the program and trains and supervises
direct care staff. A program manager must have a bachelor's degree in human
services, or the experience and education, equivalent to a bachelor's degree.
Human services experience equivalent to a bachelor's degree for a nondegree
program manager is six years. Each year of post-secondary education in human
services for a nondegree program manager equals one year of
experience.
(19) "Seclusion" means
a behavior control technique involving locked isolation in which the resident
is physically prevented from leaving. Such term does not include time-out.
Seclusion is prohibited in licensed YCFs.
(20) "Serious incident" means suicide
attempt, use of excessive physical force by staff, physical or sexual assault
of a youth by resident or staff, injury to a youth which requires emergency
medical care, known or suspected abuse or neglect of a youth by staff or
resident, or the death of a youth.
(21) "Substitute care" means the full-time
care of youth in a residential setting for the purpose of providing food,
shelter, security and safety, guidance, direction, and, if necessary, treatment
to youth who are removed from or who are without the care and supervision of
their parents or guardian.
(22)
"Therapeutic group home (TGH)" means a treatment facility providing therapeutic
services licensed and under contract with the department as a YCF with the
supervision and intensity of treatment required to manage and treat up to eight
youth who present severe emotional disturbance (SED) and/or behavioral
disorders as determined by the department.
(23) "Therapeutic intervention" means
interventions that are implemented as described in the TGH trauma informed
treatment model addressing goals and objectives identified in the youth's
treatment plan.
(24) "Therapeutic
milieu" means the entire treatment environment in which comprehensive treatment
is delivered as described in the TGH's policy and procedures.
(25) "Therapeutic services" means the
provision of therapy and therapeutic interventions to reduce the impairment of
the youth's mental disability and to improve the youth's functional level; to
alleviate the emotional disturbances; to reverse or change maladaptive patterns
of behavior, and to encourage personal growth and development. Therapeutic
services must be provided under a treatment framework that involves
understanding, recognizing, and responding to the effects of all types of
trauma and in accordance with recognized principles of a trauma-informed
approach and trauma specific interventions to address trauma's consequences and
facilitate healing.
(26) "Therapy"
means the provision of appropriate therapeutic services and rehabilitative
services provided by the mental health professional acting within the scope of
the professional's license and in compliance with the trauma-informed treatment
model.
(27) "Time-out" means the
restriction of a youth for a period of time to a designated area from which the
resident is not physically prevented from leaving for the purpose of providing
the youth the opportunity to regain self control.
(28) "Youth care facility (YCF)" means a
licensed facility in which substitute care is provided to youth and includes
youth foster homes, youth group homes, youth shelter care facilities,
therapeutic group homes, and child care agencies.
(29) "Youth group home" means a YCF in which
substitute care is provided to seven to 12 youth.
(30) "Youth group home manager" means an
employee of a regular youth group home. The group home manager trains and
supervises direct care staff and provides supervision to youth in care no more
than 50 percent of the time. A group home manager must have a bachelor's degree
in human services, or the experience alone or experience with and education
equivalent to a bachelor's degree. Human services experience equivalent to a
bachelor's degree for a nondegree manager is six years. Each year of
post-secondary education in human services for a nondegree manager equals one
year of experience.
(31) "Youth
shelter care facility" means a YCF that regularly serves youth under temporary
conditions until the court, probation office, the department, or other
appropriate social agency has made other provisions for their care.
(32) "Youth shelter care manager" means an
employee of a youth shelter care home. The shelter care manager trains and
supervises direct care staff and provides supervision to youth in care no more
than 50 percent of the time. A shelter care manager must have a bachelor's
degree in human services, or the experience and education equivalent to a
bachelor's degree. Human services experience equivalent to a bachelor's degree
for a nondegree manager is six years. Each year of post-secondary education in
human services for a nondegree manager equals one year of experience.
(33) "Youth/staff ratio" means
number of youth in care per each on-duty direct care staff member.
Notes
AUTH: 52-2-111, 52-2-603, 52-2-622, MCA; IMP: 52-2-113, 52-2-603, 52-2-622, 53-2-201, MCA
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