9 Del. Admin. Code § 701-6.0

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

Section 701-6.0 - Credentialed Juvenile Mental Health Screener Performance

6.1 Conflict of interest statement

6.1.1 The intent of the law is to ensure that no person is detained for any reason other than experiencing symptoms associated with a mental condition that may result in danger to self or others.

6.1.2 Any potential or apparent conflicts of interest as set forth in 16 Del.C. § 5004 are to be disclosed on the DPBHS Emergency Detainment Request Form within 24 hours of signature of the detention order.

6.1.3 Potential or apparent conflicts of interest may include, but are not limited to:

* Employment by a privately operated psychiatric facility;

* A personal relationship with the individual being detained or committed involuntarily;

* A relationship with family or significant others of the individual being detained or committed involuntarily; or

* Being the victim of a crime by the person being detained or committed involuntarily.

6.1.4 An Emergency Detainment Request Form must be completed for every youth under 18 detained under this regulation. This form must be maintained in the client's records as described in subsection 6.2.

6.2 Record Keeping, Forms and Documentation. The following standards will apply to the Forms and Documentation required monitoring and reporting on the performance of juvenile mental health screeners, including performance as it pertains to compliance with conflict of interest disclosure in actions to detain, or undo a detainment, of an individual under this statute.

6.2.1 Credentialed juvenile mental health screeners will be required to complete a DPBHS Emergency Detainment Request Form for the purpose of ensuring a standardized approach to assessing the needs of clients in crisis and documenting the decision premised upon that assessment. These forms will become part of the client's records.

6.2.2 For youths whose detainments are paid in whole or in part by DPBHS, or who are otherwise currently in DPBHS services: the DPBHS Emergency Detainment Request Form must be sent to DPBHS as soon as possible and within 24 hours by the admitting psychiatric facility. DPBHS will collect and monitor all DPBHS Emergency Detention Forms performed by juvenile mental health screeners, whether a conflict of interest is disclosed or not, for purposes of ensuring that the intent of this law is met and that detainments are appropriate.

6.2.3 For all youths, including youths not presently involved with DPBHS, DPBHS will collect aggregate data from psychiatric facilities in the form of a monthly report. This report will include: number of detainments per Juvenile Mental Health Screener, number of incidents where a screener determined a detainment was not necessary, admitting facility, the client patient number, the date of detainment, demographic information (age, race, sex, and zip code) of the child's primary residence, and other factors deemed necessary by DPBHS), screener name and number, presenting problem, and the reason the detainment was necessary. Psychiatric facilities will be responsible for including such data for patients detained by the eligible entity's Juvenile Mental Health Screeners, as well as Juvenile Mental Health Screeners not employed by or contracted with the eligible entity.

6.2.4 If DPBHS deems it necessary to review specific or aggregate detainments in cases of youths who are not DPBHS involved, DPBHS shall, within 24 hours of request, be provided a redacted copy of the Emergency Detainment Request Form by the Juvenile Mental Health Screener or the eligible entity.

6.3 Data Review and Reporting. The Juvenile Mental Health Screeners and eligible entities are responsible for record keeping and making available to DPBHS as required by this regulation, DPBHS Emergency Detainment Request Forms and associated records. DPBHS will periodically monitor these records for compliance. The Juvenile Mental Health Screeners and their associated eligible entity will also be responsible for maintaining a database in a format that is approved by DPBHS and that will be reported to DPBHS as set forth in subsection 6.2.3 of this regulation, so that DPBHS may review aggregate data. This database will include administrative information, such as the admitting facility, the client patient number, the date of detainment, demographic information (age, race, sex, zip code) of the child's primary residence, and other factors deemed necessary by DPBHS), screener name and number, presenting problem, and the reason the detainment was necessary.

6.3.1 DPBHS will collect aggregate data of juvenile mental health screener detentions, which will be available to the public.

6.3.2 Detainment data will be reviewed to monitor for anomalies in detainment rates to assure juvenile mental health screener performance improvement and compliance with this regulation, the authorizing statutes, and principals of least restrictive environment and community integration.

9 Del. Admin. Code § 701-6.0

26 DE Reg. 611 (1/1/2023) (final)