Section 400.10101. Definitions.  


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  • As used in these rules: (a) "Behavior management" means techniques employed to control behavior in accordance with written policy and procedures related  to  program expectations, child safety, facility safety, and security.

    (b)   "Chief administrator" means the person designated as having the day-to-day responsibility for the overall administration of a facility and for assuring the care, safety, and protection of residents.

    (c)   "Child placing agency" means an agency as defined in section 1  of Act No. 116 of the Public Acts of 1973, as amended, being S722.111 of the Michigan Compiled Laws.

    (d)    "Counseling" means planned opportunities for residents to  express  their feelings verbally with the goal of resolving  individual  problems.

    Counseling may be in a one-to-one relationship or in a small or large group.

    (e)   "Department" means the Michigan department of social services.

    (f)   "Detention" means the temporary residential care of a juvenile who requires custody in a physically restricting facility pending court action or other placement.

    (g)     "Direct care worker" means a person who has assigned child care responsibilities and provides direct care and supervision of children in a facility.

    (h)   "Discipline" means action taken for the sake  of  training  or correction and may include punishment.

    (i)   "Employee" means a staff person who is under contract of hire on  a full-time or a part-time basis at a juvenile facility.

    (j)   "Human services degree or field" means a major in a curriculum that is designed to give students an understanding of human behavior and to teach them appropriate intervention/problem-solving skills on behalf of selected populations.

    (k)   "Inspection" means the on-site review of a juvenile facility by the department to determine compliance with these administrative rules for a juvenile facility.

    (l)     "Juvenile facility," hereinafter referred to as "facility" means a program operated by a juvenile court and providing residential  care  as provided in Act No. 280 of the Public Acts of 1939, as amended, being S400.1 et seq. of the Michigan Compiled Laws,  and  known  as  the  social welfare act.

    (m)   "Medication" means prescription and nonprescription medicines.

    (n)   "Parent" means a biological parent, adoptive parent, or guardian.

    (o)    "Physical examination" means a thorough evaluation of a patient's current physical condition and a medical history conducted by, or under the supervision of, a licensed medical professional.

    (p)   "Policy" means a definitive, stated course or method of action that guides and determines present and future  decisions  and  activities.   A policy is a written statement of principles that guides the facility in the attainment of objectives. To comply with  a rule that requires a policy, there must be evidence that a line of action or principle has been adopted and is being followed by the facility.

    (q)   "Protection" means the continual responsibility of the facility to take reasonable action to insure the health, safety, and well-being of a resident while under the supervision of the facility or an agent or employee of the facility and includes protection from physical harm, humiliation, intimidation, and social, moral,  financial, and personal exploitation while on the premises.

    (r)     "Rated capacity" means the actual number of beds that are available and approved by the department for use. This does not include hospital beds, segregation beds, or other spaces used only on a temporary basis.

    (s)   "Resident" means a child  who  is  admitted  to  and  resides  in  a facility.

    (t)   "Resident confinement room" means a locked or unlocked room or area that is approved by the licensing authority for the seclusion or retention of a resident.

    (u)      "Residential treatment facility" means a facility that has established a goal-oriented   intervention    program    to   provide post-dispositional residential care.

    (v)   "Resident record" means the individual file kept by a facility concerning a child who has been placed at the facility.

    (w)   "Resident restraint" means the use of material, mechanical, medical, or physical techniques for restricting a resident's behavior or  movement.

    (x)     "Secure facility" means a facility, or portion thereof, other than a resident confinement room, that is used to retain residents in  custody.

    Outside doors usually have locks that prevent egress from the building.

    (y)   "Shelter care facility" means a facility that provides care for residents pending court action or other placement planning.

    (z)    "Social service supervisor" means a person who supervises a social service worker.

    (aa) "Social worker" means a person who works directly with residents, their families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the resident. This definition shall not be interpreted to prevent a team approach to service plan development and implementation.

    (bb) "Training" means any of the following:

    (i)   Formal classroom instruction.

    (ii)   Recognized courses provided through other means.

    (iii)   On-the-job training under the direction of an instructor.

    (iv)   Meetings or conferences that include  agendas  and instruction by instructors.

    (v)     Other instructional programs that  include  a   trainer-trainee relationship.

    (cc) "Volunteer" means a person who donates his or her time in activities at a juvenile facility.

History: 1992 AACS.