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New Licensing Standards - 2960

DOC to license/certify: ALL Group Residential Detention Secure Restrictive Techniques Corrections Shelter. DHS to license/certify : ALL Group Residential Chemical Dependency Mental Health Shelter Transitional Restrictive Techniques. New Licensing Standards - 2960.

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New Licensing Standards - 2960

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  1. DOC to license/certify: ALL Group Residential Detention Secure Restrictive Techniques Corrections Shelter DHS to license/certify: ALL Group Residential Chemical Dependency Mental Health Shelter Transitional Restrictive Techniques New Licensing Standards - 2960

  2. Administrative Standards ALL

  3. 2960.0010Purpose And Applicability Governs the licensing of providers of residential care for children in out-of-home placement.

  4. 2960.0010 - Providers Unit of government Individual Corporation Limited liability corporation Partnership Voluntary association Other organization or entity Controlling individual

  5. 2960.0010Scope of the Rule residential care {on a 24-hour basis treatment detention foster rehabilitation service Juvenile sex offender treatment programs also governed by MN Rule

  6. Definitions Time out Disciplinary room time

  7. License Not transferable to another individual/entity location

  8. 2960.0030 - Application Form provided applicant's name and address name and location of the program geographic area to be served license or certification being requested requested license capacity age limits

  9. Application • Organizational chart depicting organizational authority

  10. 2960.0030 Subpart 2B-4Application The applicant must provide: description of the services program's philosophy target population program outcomes

  11. 2960.0030 Subpart 2B-5Approvals Health: Department of Health or local health inspector Local building code inspector Local zoning authority Fire: State Fire Marshal or approved local code inspector or Document waiver

  12. 2060.0030 Subpart 2B-6Community Analysis Description of the neighborhood demographic characteristics race socioeconomic characteristics crime statistics vehicle traffic proximity of the proposed facility to schools, day care providers

  13. Neighborhood Demographics public transportation public and private recreation facilities neighborhood religious and spiritual organizations

  14. Neighborhood Demographics • Information about local business groups, community groups, block clubs, and service organizations.

  15. 2960.0030 Subpart 2B-7County Role in Screening The license holder must discuss with the county social services agency of the county in which the facility is located, the facility's policy regarding the county's role in screening facility residents.

  16. County Role in Screening • The facility must document the contact with the county and any agreement between the county and the facility regarding the county's role in screening facility residents.

  17. An applicant for Department of Human Services licensure or certification must pay a licensing fee which is calculated according to parts 9545.2000 to 9545.2040. 2960.0030 Subpart 2DFee

  18. 2960.0030 Subpart 3DOC Criteria A. Primarily serve delinquent children who are at least ten years old, but younger than 21 years old, in a residential setting; B. Operate a detention or group residential facility for children alleged to be delinquent; C. Be certified to provide residential program services for residents who need correctional programming.

  19. 2960.0030 Subpart 4DHS Criteria Serve children through the age of 19 Operate a group residential program with possible certifications in the areas of: chemical dependency treatment treatment for severe emotional disturbance shelter services transitional services

  20. 2960.0030 Subpart 5Multiple Program Certifications The Department of Human Services and the Department of Corrections shall determine which commissioner will license or certify the applicant.

  21. 2060.0030 Subpart 6Variance Request The part or parts of the standard Reason for the variance Period of time of the variance Written approval from the fire marshal, building inspector, or health authority as applicable Alternative equivalent measures

  22. 2960.0030 Subpart 6EVariance Authority Department of Human Services – M. S. 245A.04, subdivision 9. Department of Corrections – M. S. 241.021. The decision of the commissioner of human services or corrections to grant or deny a variance request is final and not subject to appeal under Minnesota Statutes, Chapter 14.

  23. Denial of Application compliance with laws or rules health or safety deficiencies hazardous condition fire, building, zoning, health approval

  24. Denial of ApplicationFailure to comply may be indicated by: Department of Education: lack of approval of on-site school Disqualification of the applicant/ controlling individual Failure to submit a completed application DHS Denial = DOC Denial

  25. 2960.0030 Subpart 9Drug and Alcohol Use Prohibited Includes prescription drugs Policy required Training in the drug policy

  26. 2960.0030 Subpart 11Policy and Procedure Review • The license holder must submit the facility's program policies and procedures to the commissioner of human services or corrections for review.

  27. 2960.0030 Subpart 11 License/Certification Terms name of the license holder address of the program effective date and expiration dates type of license maximum number and ages of residents any special conditions of licensure certification(s) granted

  28. Subpart 12Licensing Actions Department of Human Services: Minnesota Statutes, Chapter 245A. Department of Corrections: Minnesota Statutes, Section 241.021.

  29. 2060.0040Statement of Intended Use Target population served: cultural background gender license holders expertise and qualifications to provide the services age medically fragile condition

  30. Statement of Intended Use legal status: chips, delinquency, voluntary placement, self-referral primary needs of residents met in the licensed facility resident services provided by programs outside the setting

  31. Statement of Intended Use • Specific extent and limitations of the program • Restrictive procedures-extent and limitations • Involvement of the resident's cultural or ethnic community to ensure culturally appropriate care

  32. 2960.0500 - Basic Rights reasonable observance of cultural and ethnic practice and religion reasonable degree of privacy participate in development of the resident's treatment and case plan positive and proactive adult guidance, support, and supervision

  33. 2960.0500 - Basic Rights free from abuse, neglect, inhumane treatment, and sexual exploitation adequate medical care nutritious and sufficient meals and sufficient clothing and housing clean, safe surroundings public education

  34. 2960.0500 - Basic Rights • Parent • Extended family members • Siblings • Legal guardian • Caseworker • Attorney • Therapist • Physician • Religious- Spiritual advisor • Case manager Reasonable communication and visitation, which may include:

  35. 2960.0500 - Basic Rights access to protection and advocacy services state-appointed ombudsman personal property courteous and respectful treatment Minnesota Statutes, Sections 144.651 Patients Bill of Rights 253B.03 Rights of Patients

  36. 2960.0500 - Basic Rights grievance procedure free from restraint or seclusion used for a purpose other than to protect the resident from imminent danger to self or others; except for the use of disciplinary room time as it is allowed in the correctional facility's discipline plan free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation

  37. 2960.0500 - Basic Rights nutritious and sufficient meals and sufficient clothing and housing clean, safe surroundings public education

  38. 2960.0500License Holder Duties provide basic services develop operational policies and procedures which correspond to the basic rights give the resident a written copy of the resident's basic rights

  39. 2960.0500Basic Rights Information explain to the resident in a language that the resident can understand rights related to the resident's care explained within 24 hours of admission procedures which correspond to the basic rights

  40. 2960.0500Basic Rights Information tell the resident's parent, guardian, or custodian within a reasonable time that the information regarding rules is available Post resident rights in the: Residents and staff area Staff station how to contact the appropriate state-appointed ombudsman: name, address, and telephone number

  41. 2960.0060Statement of Program Outcomes written policies that identify program outcomes and promote the resident's development as a physically and mentally healthy person the program services offered by the license holder must be consistent with the resident's case plan

  42. 2960.0060Outcome Measures the measurement must document the degree to which the license holder's services provided to the resident, or the resident's family, have been successful in achieving the intended outcome of the services offered to the resident and the resident's family measure the success in achieving statement outcomes specific factors as required by DHS/DOC

  43. 2960.0060Outcome Measures specific factors as required by DHS/DOC the program services offered by the license holder must be consistent with the resident's case plan

  44. 2960.0060Program Evaluation annually evaluate strengths and weaknesses of the program using at least the following performance indicators: accidents use of restrictive procedures grievances adverse maltreatment findings and legal actions against the license holder

  45. 2960.0060Program Evaluation satisfaction survey results critical incidents Must be kept for two licensing periods Must use the program evaluation findings to make program improvement

  46. Independent Program Audit comply and cooperate with independent program audits DHS/DOC comply with the findings document with operational policies and procedures retain demographic information on a resident document the extent of the resident's program completion on designated form

  47. Community Involvement Board of directors or advisory committee that represents the interests, concerns, and needs of the residents and community served and comply with the findings The Board or advisory committee must meet at least annually

  48. Community Involvement The license holder meet at least annually with community regarding: the nature of the program types of residents served results of the services the program provided to residents number of residents served in the past 12 months the number of residents likely to be served in the next 12 months.

  49. 2960.0070Admission Process • The license holder must have written specific identifiable admission criteria consistent with the statement of intended use. • The License holder must: • Have resources and qualified staff to respond to residents with disabilities

  50. Admission Process The license holder must:

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