Current through December 10, 2024
Rule 24-2-35.2 - Policies and ProceduresA. Each holding facility must have a manual that includes the written policies and procedures for operating and maintaining the facility holding people involved in the civil commitment process or those awaiting transportation to a certified/licensed mental health facility. Written policies and procedures must include specific details for implementation and documentation of duties and functions, so that a new employee or someone unfamiliar with the operation of the holding facility and services would be able to carry out necessary operations of the holding facility.B. The policies and procedures must:1. Be reviewed annually by the governing authority of the county, with advice and input from the CMHC, as documented in the governing authority meeting minutes.2. Be updated as needed, with changes approved by the governing authority before they are instituted, as documented in the governing authority meeting minutes.3. Be readily accessible to all employees providing services to people in the holding facility, with a copy at each service delivery location.4. As applicable, have a copy of the Memoranda of Understanding or contract between the holding facility and the CMHC to describe how mental health services will be provided while people are being held in the holding facility.C. A personnel record for each employee and contractual employee, as noted below, must be maintained, and must include, but not be limited to:1. The application for employment, including employment history and experience.2. A copy of the current Mississippi license or certification for all licensed or certified personnel.3. A copy of college transcripts (official copy), high school diploma, or GED equivalent, and/or appropriate documents to verify that educational requirements of the job description are met.4. Documentation of an annual performance evaluation.5. A written job description that shall include, at a minimum:(b) Responsibilities of the job; and(c) Skills, knowledge, training/education, and experience required for the job.6. For contractual employees, a copy of the contract or written agreement which includes effective dates of the contract, and which is signed and dated by the contractual employee and the director of the holding facility or county supervisor.7. A national criminal history background check must be obtained on all employees, volunteers, and interns who work with people being served in the Designated Mental Health Holding Facility. Documentation must be maintained in the personnel file that no information was received which would exclude the employee/volunteer/intern, as outlined in any applicable laws. (Reference Source, as applicable: Miss. Code Ann. § 43-11-13 outlines information about disqualifying events and conditions for applicable entities. Specifically, according to Miss. Code Ann. § 43-11-13, an individual may not be eligible for employment if the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Miss. Code Ann. § 45-33-23 (h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted. This law also allows for mitigating circumstances to be illustrated with a disqualifying conviction).8. The criminal records background check should, at a minimum, include the following registry checks/components: (a) Prior convictions under the Vulnerable Adults Act;(b) Child Abuse Registry Check;(c) Mississippi Nurse Aide Abuse Registry;(d) The Office of the Inspector General's (OIG) Exclusion Database; and(e) Fingerprints must be run as part of the background check.9. Criminal Records background checks, including the registry checks/components listed above, and child abuse central registry checks must be completed before contact with people being served in the Designated Mental Health Holding Facility as required by the agency provider's policies and procedures.10. Proof of background checks may be documented via the employee, volunteer, or intern authorization of the fingerprinting and background check in writing, and a letter notifying the employee/volunteer/intern that the check was completed and that there were no disqualifying events, or other documentation as approved by DMH.11. If the facility desiring to obtain DMH-certification as a Designated Mental Health Holding Facility has an alternative, acceptable (as determined by DMH) means for completing criminal records background checks, then the holding facility applicant should notify DMH to obtain approval for such.D. Each holding facility shall have written procedures for admission of people who have been involuntarily civilly committed and are awaiting transportation. These procedures shall include, but not be limited to, the following: 1. Make a complete search of the person and their possessions.2. Properly inventory and store person's personal property.3. Require any necessary personal hygiene activities (e.g., shower or hair care, if needed).4. Issue clean, laundered clothing or appropriate garments (e.g., ligature/harm risk reduction garments).5. Issue allowable personal hygiene articles.6. Perform health/medical screening.7. Record basic personal data and information to be used for mail and visiting lists.8. Provide a verbal orientation of the person to the holding facility and daily routines.