16 Del. Admin. Code § 3305-II-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3305-II-5.0 - Policies and Procedures Manual

5.1 The service provider shall maintain and comply with a written procedures manual for its staff. A mechanism shall be in place to ensure that this manual is updated continuously to comply with changes in state and/or federal laws and regulations. The staff of the group home is to be notified promptly of changes. The manual shall be composed of two (2) sections, Operations and Personnel, as follows:

5.2 Operations

5.2.1 A statement of the group home program's values, mission and objectives;

5.2.2 Policies and procedures that:

5.2.2.1 Facilitate resident referral, admission, and discharge;

5.2.2.2 Provide detailed instructions for assessment, service planning and documentation procedures;

5.2.2.3 Describe the handling of on-call responsibilities and resident emergencies;

5.2.2.4 Provide detailed instructions for application to, and communication with, public benefit agencies such as Medicaid, Medicare, Division of Vocational Rehabilitation, etc.;

5.2.2.5 Outline the conditions underlying the lawful sharing of information about residents with family members or others;

5.2.2.6 Provide direction regarding handling financial resources of the group home;

5.2.2.7 Describe the management of residents' funds for whom the service provider has been designated payee;

5.2.2.8 Outline the management of resident medication and the monitoring of medication effects;

5.2.2.9 Involve the services of a crisis intervention service in the event of psychiatric emergencies;

5.2.2.10 Comply with state and federal laws and regulations for receiving and resolving resident grievances;

5.2.2.11 Describe the process of resident transition or termination from the program which is in compliance with state and federal laws and regulations and are intended to ensure continuity of service;

5.2.2.12 In conformity with 16 Del.C., Ch. 11, describe the system for reporting and processing of abuse/neglect, mistreatment and/or financial exploitation allegations;

5.2.2.13 Describe a procedure for open communication with other residents of the community in which the home is located in order to facilitate group home residents' integration and social skills development; and

5.2.2.14 Include a provision for the development of any other policies and procedures otherwise required to be included by Departmental policy.

5.3 Personnel

5.3.1 Staff

5.3.1.1 The minimum qualifications for staff associated with a group home shall be as follows:

5.3.1.1.1 Psychiatrist: A psychiatrist shall be a person with a medical degree or Doctor of Osteopathy degree, who is licensed to practice medicine in Delaware and is board certified in psychiatry or has served a residency in psychiatry.

5.3.1.1.2 Clinician: A clinician shall be a person with a doctoral or master's degree in clinical or counseling psychology, clinical social work, vocational/psychiatric rehabilitation or education from an accredited college or university; a registered nurse with certification in mental health nursing from the American Nurses Association; or a person with a bachelor's degree with five (5) years experience in mental health service delivery with at least two (2) years experience in residential services.

5.3.1.1.3 Associate Clinician: An associate clinician shall be a person with a bachelor's degree in clinical or counseling psychology, social work, nursing, vocational/psychiatric rehabilitation, education or other mental health field from an accredited college or university; or a registered nurse. An associate clinician shall have had direct experience in mental health service.

5.3.1.1.4 Residential Service Assistant: A residential service assistant shall be a person who has a high school diploma or GED.

5.3.1.2 The group home shall have a residence manager who shall be responsible for the operation of the group home and shall have the qualifications as defined in Section 5.3.1.1.2 The residence manager shall be responsible for the supervision of residents' treatment plans.

5.3.1.3 Associate Clinicians and Residential Service Assistants shall have qualifications for the treatment activities in which they engage and shall be supervised by the residence manager. At least seventy-five (75) percent of the group home staff, including the residence manager, shall be clinicians or associate clinicians. Nothing in these regulations shall be construed to exempt or limit the application of professional licensing requirements, including those pertaining to professional counselors, psychologists, and clinical social workers under 24Del.C.,Chs. 30, 35, and 39, respectively.

5.3.1.4 The service provider shall maintain a current personnel policies and procedures manual that sets forth grounds for termination, adequately supports sound resident care and is made readily available to the program's staff in each home. The service provider shall comply with the provisions of such manual. The manual shall contain an explanation of the residents' rights pursuant to 16Del.C.§ 1121 and applicable federal law.

5.3.1.5 The service provider shall comply with criminal background check and drug testing laws [16Del.C.,Sections 1141 and 1142] and implementing regulations.

5.3.2 Training and Core Competencies

5.3.2.1 The above staff shall meet competency and training standards compiled by the Department.

5.3.2.2 In order to be approved by the Department, the training required of the service provider staff shall, at a minimum, include each of the following topics:

5.3.2.2.1 A complete course in medications used in the treatment of mental illness including the medications' effects and side effects used alone or in combination with other prescription and non-prescription medication and alcoholic or caffeinated beverages;

5.3.2.2.2 A course in mental illness including symptoms of the major mental illnesses, mood and personality disorders and indications of deterioration of an individual's mental condition;

5.3.2.2.3 A course in first aid, including CPR training;

5.3.2.2.4 An explanation of the rights of adults with psychiatric disabilities in residential care in Delaware;

5.3.2.2.5 Expectations for confidentiality and ethical behavior towards residents who will reside in the group home;

5.3.2.2.6 Policies and procedures that apply to a group home on both a daily and emergency basis;

5.3.2.2.7 Fire safety and evacuation procedures;

5.3.2.2.8 Health care, sanitation, and safe handling of food;

5.3.2.2.9 Familiarization with community mental health services available in the county in which the group home is located;

5.3.2.2.10 Orientation to situational counseling, behavioral deescalation techniques, stress management and social interaction.

5.3.2.2.11 Training in appropriate activities and entertainment for residents;

5.3.2.2.12 Demonstration of a clear understanding of these regulations; and

5.3.2.2.13 A plan for the continuing education and development of staff.

5.3.2.3 This list of topics is not intended to be exhaustive and shall in no way limit the training requirements set forth by the Department.

5.3.2.4 A service provider need not require training in discrete areas in which the staff person has demonstrated competency through satisfactory job performance or previous experience to the satisfaction of the service provider and the Department.

5.3.2.5 Staff may be provisionally hired and perform job duties pending completion of training within thirty (30) days. Such provisional staff shall not be on duty without on-site supervision.

16 Del. Admin. Code § 3305-II-5.0