Sec. 2d.
(1) Personal restraint or seclusion shall not be imposed as a means of coercion, discipline, convenience, or retaliation by a child caring institution’s staff.
(2) An order for personal restraint or seclusion shall not be written as a standing order or on an as-needed basis.
(3) Personal restraint or seclusion must not result in serious injury to the minor child and shall be used only to ensure the minor child’s safety or the safety of others during an emergency safety situation. Personal restraint or seclusion shall only be used until the emergency safety situation has ceased and the minor child’s safety and the safety of others can be ensured even if the order for personal restraint or seclusion has not expired. Personal restraint and seclusion of a minor child shall not be used simultaneously.
(4) Personal restraint or seclusion shall be performed in a manner that is safe, appropriate, and proportionate to the severity of the minor child’s behavior, chronological and developmental age, size, gender, physical condition, medical condition, psychiatric condition, and personal history, including any history of physical or sexual abuse.
(5) Except as provided in subsection (6), at the time a minor child is admitted to a child caring institution, the child caring institution shall do all of the following:
(a) Inform the minor child and his or her parent or legal guardian of the provider’s policy regarding the use of personal restraint or seclusion during an emergency safety situation that may occur while the minor child is under the care of the child caring institution.
(b) Communicate the provider’s personal restraint and seclusion policy in a language that the minor child or his or her parent or legal guardian will understand, including American sign language, if appropriate. The provider shall procure an interpreter or translator, if necessary to fulfill the requirement of this subdivision.
(c) Obtain a written acknowledgment from the minor child’s parent or legal guardian that he or she has been informed of the provider’s policy on the use of personal restraint and seclusion during an emergency safety situation. The child caring institution’s staff shall file the acknowledgment in the minor child’s records.
(d) Provide a copy of the policy to the minor child’s parent or legal guardian.
(6) The child caring institution is not required to inform, communicate, and obtain the written acknowledgment from a minor child’s parent or legal guardian as specified in subsection (5) if the minor child is within the care and supervision of the child caring institution as a result of an order of commitment of the family division of circuit court to a state institution, state agency, or otherwise, and has been adjudicated to be a dependent, neglected, or delinquent under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, if the minor child’s individual case treatment plan indicates that notice would not be in the minor child’s best interest.
(7) An order for personal restraint or seclusion shall only be written by a licensed practitioner.
(8) A licensed practitioner shall order the least restrictive emergency safety intervention measure that is most likely to be effective in resolving the emergency safety situation based on consultation with staff. Consideration of less restrictive emergency safety intervention measures shall be documented in the minor child’s record.
(9) If the order for personal restraint or seclusion is verbal, it must be received by a child caring institution staff member who is 1 of the following:
(a) A licensed practitioner.
(b) A social services supervisor.
(c) A supervisor of direct care workers.
(d) A practical nurse licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(10) A verbal order must be received while personal restraint or seclusion is being initiated by child caring institution staff or immediately after the emergency safety situation begins. The licensed practitioner shall be available to staff for consultation, at least by telephone, throughout the period of personal restraint or seclusion. The licensed practitioner shall verify the verbal order in signed written form in the minor child’s record.
(11) An order for personal restraint or seclusion shall meet both of the following criteria:
(a) Be limited to no longer than the duration of the emergency safety situation.
(b) Not exceed 4 hours for a minor child 18 years of age or older; 2 hours for a minor child 9 to 17 years of age; or 1 hour for a minor child under 9 years of age.
(12) If more than 2 orders for personal restraint or seclusion are ordered for a minor child within a 24-hour period, the director of the child caring institution or his or her designated management staff shall be notified to determine whether additional measures should be taken to facilitate discontinuation of personal restraint or seclusion.
(13) If personal restraint continues for less than 15 minutes or seclusion continues for less than 30 minutes from the onset of the emergency safety intervention, the child caring institution staff qualified to receive a verbal order for personal restraint or seclusion, in consultation with the licensed practitioner, shall evaluate the minor child’s psychological well-being immediately after the minor child is removed from seclusion or personal restraint. Staff shall also evaluate the minor child’s physical well-being or determine if an evaluation is needed by a licensed practitioner authorized to conduct a face-to-face assessment under subsection (14).
(14) A face-to-face assessment shall be conducted if the personal restraint continues for 15 minutes or more from the onset of the emergency safety intervention or if seclusion continues for 30 minutes or more from the onset of the emergency safety intervention. This face-to-face assessment shall be conducted by a licensed practitioner who is 1 of the following:
(a) A physician licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(b) An individual who has been issued a speciality certification as a nurse practitioner under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(c) A physician’s assistant licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(d) A registered nurse licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(15) The face-to-face assessment shall be conducted within 1 hour of the onset of the emergency safety intervention and immediately after the minor child is removed from personal restraint or seclusion. The face-to-face assessment of the physical and psychological well-being of the minor child shall include, but is not limited to, all of the following:
(a) The minor child’s physical and psychological status.
(b) The minor child’s behavior.
(c) The appropriateness of the intervention measures.
(d) Any complications resulting from the intervention.
(16) As used in this section:
(a) “Social services supervisor” means an individual who supervises a social services worker. A social services supervisor must possess either a master’s degree in a human behavioral science from an accredited college or university and 2 years of experience as a social services worker or a bachelor’s degree in a human behavioral science or another major with 25% of the credits in a human behavioral science from an accredited college or university and 4 years of experience as a social services worker.
(b) “Social services worker” means an individual who works directly with residents, residents’ families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the resident.
(c) “Supervisor of direct care workers” means an individual who supervises workers who provide direct care and supervision of children in an institution. A supervisor of direct care workers must have 1 of the following:
(i) A bachelor’s degree from an accredited college or university and 2 years of work experience in a child caring institution.
(ii) Two years of college from an accredited college or university and 3 years of work experience in a child caring institution.
(iii) A high school diploma and 4 years of work experience in a child caring institution.
History: Add. 2004, Act 531, Imd. Eff. Jan. 3, 2005 ;– Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler’s Notes: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to children’s camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.
Popular Name: Act 116
Popular Name: Child Care Licensing Act