05- 071 C.M.R. ch. 18, § 6

Current through 2024-25, June 19, 2024

Section 071-18-6 - SPECIAL MODULE RULES

A. Education Rules - Residential Child Care Facility with an Education Program.

Those facilities directly providing an educational program shall comply with the Core Rules and the following Special Rules directed towards the provision of an educational program.

(1) Program and Services

The facility shall comply with those rules promulgated by the Department of Education whose authority is contained in, but not limited to, 20-A MRSA258-A, 2901 et seq., 2907, 4501 et seq., 6801-A, 7003, 7204, and 7207-B. Rules relating to basic school approval are found in Chapter 125; rules relating to the provision of special education programs and services are found in Chapter 101; and rules relating to school approval for non-traditional limited purpose schools are found in Chapter 250 of the Department's rules.

(In those instances when the requirements in the areas of health; hygiene; safety and/or immunization are more stringent in the core rules, the requirements of the core rules shall apply.)

B. Substance- Abuse Treatment Rules - Residential Child Care Facility with a Substance Abuse Treatment Program.

Those facilities directly providing a substance abuse treatment program shall comply with the Core Rules and the following Special Rules directed towards the provision a substance abuse treatment program, pursuant to the rulemaking and licensing authority of 22 MRSA §7801 and 22 MRSA §8001 et sea.

(1) Organization

a. Rights of Privacy and Confidentiality (Refer to 4.A.7., Core Rules).

i. The facility shall notify the child's guardian of placement unless the child:

(a) Is under the direct care of a licensed osteopath, physician, psychologist, substance, abuse counselor or social worker; and

(b) Does not consent to notification of the guardian.

ii. The facility shall adhere to the "Notice to Patients of Federal Confidentiality Requirements" as contained in 42 C.F.R. §2.22. Such notice shall be in writing at time of admission and be in a form approved by the Office of Alcohol and Drug Abuse Prevention.

iii. A copy of the above statement shall be signed by the child and may be signed by the guardian if appropriate, and placed into the child's case record.

(2) Program and Services

Medications (Refer to 4.C.8.e., Core Rules). The facility shall inventory and certify on a weekly basis the balance on hand of all drugs identified by the Comprehensive Drug Abuse Prevention and Control Act of 1970, Chapter 13, 21 USCS §801 et seq., as amended.

(3) Personnel

a. Volunteers (Refer to 4.D.3, Core Rules). The facility's plan shall additionally specify how it utilizes volunteers within the substance abuse component of the program.

b. Personnel Qualifications (Refer to 4.D.6., Core Rules). (Non-waiverable) . The facility shall employ at least one Licensed Substance Abuse Counselor as an employee of the substance abuse treatment program.

c. Information Provided to Staff, Volunteers and Students (Refer to 4.D.9.b., Core Rules). The facility shall additionally make available to staff a current copy of the directory identifying alcohol and substance abuse services, public and private social service providers. (Copies shall be provided by OADAP, Department of Human Services, State House Station #11, Augusta, ME 04333).

d. Staff Training (Refer to 4.D.9.c., Core Rules).

The facility shall within the 12 months of employment train staff to recognize symptoms of the potential abuse of prescription drugs and the effects of such abuse. Documentation of such training shall be placed in the staff members personnel file.

(4) Admission and Discharge

a. Referral Process (Refer to 4.E.1., Core Rules).'

Refusals. If a child is refused admission, the facility shall, in conjunction with the placement agency, facilitate referral of the child to alternative community resources for substance abuse.

b. Service Planning (Refer to 4.E.6., Core Rules). The facility shall, within each child's service plan, provide consideration of substance abuse problems including:

i. Short and long-term substance abuse treatment goals; and

ii. A description of the type and frequency of substance abuse counseling/education to be provided which shall include at least 10 hours per week of formalized substance abuse treatment including one or more of the following: substance abuse education, group counseling and/or individual counseling.

c. Periodic Review (Refer to 4.E.6.e., Core Rules). The facility shall review the substance abuse portion of each service plan at least monthly.

d. Termination Procedures (Refer to 4.E.8., Core Rules).

i. Discharge Criteria. The facility shall determine the successful completion of a child's program through at least the following criteria:

(a) The child has demonstrated socially acceptable behavior in recreational and social pursuits; and

(b) The child has attained the goals established within his/her service plan.

ii. Aftercare. Within each child's service plan, the facility shall include a written description of aftercare services to be provided by the facility unless alternative arrangements have been made. Such services shall include:

(a) Provision for period monitoring of the child's situation at least every 90 days;

(b) Provision for re-entry into the facility or for facilitating placement into another treatment program if necessary; and

(c) Provision for continuation of aftercare services for a minimum of one (1) year.

iii. Refusal of Aftercare Services. If aftercare services are refused the reason(s) for refusal shall be documented in the child's record.

(5) Environment and Safety

Nutrition. (Refer to 4.F.5.c., Core Rules.) The facility shall additionally provide for the periodic review of meal menus for nutritional balance by a Registered Dietitian at not less than 90 day intervals.

C. Mental Health Treatment Rules - Residential Child Care Facility with a Mental Health Treatment Program.

Those facilities directly providing a mental health treatment program shall comply with the Core Rules and the following Special Rules directed towards the provision of a mental health treatment program, pursuant to rulemaking and licensing authority of 34B MRSA § 1203.

(1) Administrative Policies and Plans

Child Management (Refer to 4.B.4., Core Rules). A facility directly providing a mental health treatment program shall ensure that any use of isolation exceeding 30 minutes shall be clinically authorized for continuance with reauthorization required every two (2) hours thereafter. Such authorization shall be documented in a manner which facilitates review.

(2) Personnel

a. Staff Training (Refer to 4.D.9.c., Core Rules). A facility directly providing a mental health treatment program shall additionally within its staff training plan provide in-service or external training which includes, but is not limited to the developmental, emotional and behavioral mental health issues appropriate to the mental and physical capabilities of children in care and their ages.

b. Staff Supervision (Refer to 4.D.10., Core Rules). A facility directly providing a mental health treatment program shall provide clinical supervision to all staff providing mental health services. Such supervision shall:

i. Occur no less than two (2) hours per month or in accordance with requirements of the specific professional licensure or certifications whichever is greater;

ii. Include the discussion and review of children's clinical concerns; and

iii. Include general case dynamic issues.

(3) Admission and Discharge

a. Clinical Consultant (Refer to 4.E.6.c., Core Rules). (Non-waiverable) A facility directly providing a mental health program shall have written evidence that the person acting as clinical consultant shall hold a current Maine license as a clinical social worker, a clinical psychologist or be a board certified psychiatrist. The clinical consultant shall:

i. Provide clinical supervision in the development of a child's individual service plan and its periodic review; and

ii. Supervise the facility's review of clinical services at least every six (6) months including a determination as to whether the treatment to each child has been adequate and effective in conjunction with relevant professional standards.

(a) Such findings shall be addressed in the clinical supervision of staff providing mental health services; and

(b) Such findings shall be addressed in the annual program evaluation of the facility. (Refer to 4.B.1.)

05- 071 C.M.R. ch. 18, § 6