13-001 Code Vt. R. 13-172-001-X
Statutory Authority.
Pursuant to 33 VSA, § 306(b)(1)-(7) and 3501, the Vermont Department for Children and Families is the agency of government authorized and responsible for the regulation of Residential Treatment Programs for children/youth and the promulgation of standards governing these programs.
SCOPE AND APPLICABILITY OF REGULATIONS |
These licensing regulations provide for the protection and well being of children/youth in Residential Treatment Programs. They are intended to ensure a basic quality of care and ensure the human rights of residents.
A Residential Child Care Facility is a place, however named, which provides a planned program aimed at behavioral change, administered by qualified staff, for children in a twenty-four hour residential setting. This definition does not include family foster homes, summer camping programs, facilities approved by other departments of the Agency of Human Services, or other facilities exempted under the provisions of 33 V.S.A. § 3501.
Vermont laws regulating licensing of Residential Treatment Programs are set forth in Title 33 of the Vermont Statutes Annotated and read as follows:
§ 306. Administrative provisions:
§ 3501. Foster care and placement licensing:
PENALTY |
PENALTY
Unlicensed operation may result in criminal penalties and denial of license application.
APPEALS |
APPEALS
A program that has been refused a license or whose license has been revoked or suspended will be granted a fair hearing before the Human Services Board upon request. Rules governing the conduct of fair hearings are available from the Human Services Board. All requests for fair hearings shall be addressed to the Human Services Board, State Office Building, Montpelier, Vermont 05620-4301.
The telephone number is 1 (802) 828-2536.
TECHNICAL ASSISTANCE |
TECHNICAL ASSISTANCE
The Department for Children and Families, Family Services Division, Residential Licensing Unit, upon the written request of an applicant, licensee, or any interested person, will provide assistance interpreting these regulations.
REGULATORY OVERSIGHT |
PROCEDURES |
Applications for a Residential Treatment Program license may be obtained by contacting the Department for Children and Families, Family Services Division, Residential Licensing Unit. The office is located in the Osgood Building, 2 [nd ] floor, of the state office complex at Waterbury, Vermont. The mailing address is:
Department for Children and Families
Family Services Division
Residential Licensing Unit
103 South Main Street
Waterbury, Vermont 05671-2401
The telephone number is (802) 241-2159.
VARIANCE |
RENEWAL |
CHANGES |
-- A substantial change in services provided or population served;
-- A planned change in staffing pattern;
-- A planned change in the Administration;
-- A planned change of ownership and/or governance;
-- A planned change of location;
-- A planned change in the name of the Residential Treatment Program.
REPORTING |
INVESTIGATIONS |
NOTIFICATION |
THE RIGHTS OF CHILDREN/YOUTH AND FAMILIES: |
(Substantially from Child Welfare League of America ; Best Practice Guidelines 2002)
-- to be served under humane conditions with respect for their dignity and privacy;
-- to receive services that promotes their growth and development;
-- to receive gender specific, culturally competent and linguistically appropriate service;
-- to receive services in the least restrictive and most appropriate environment;
-- to access written information about the providers policies and procedures that pertain to the care and supervision of children, including a description of behavior management practices;
-- to be served with respect for confidentiality;
-- to be involved, as appropriate to age, development and ability, in assessment and service planning;
-- to be free from harm by caregivers or others, and from unnecessary or excessive use of restraint and seclusion/isolation;
-- to file complaints and grievances without fear of retaliation.
-- to access written information about the providers policies and procedures that pertain to the care and supervision of children, including a description of behavior management practices;
-- to receive services with respect for confidentiality;
-- to be involved in assessment and service planning;
-- to give and to withhold informed consent;
-- to be notified immediately or as soon as reasonable of any runaway, attempted suicide, suicide, or medical emergency requiring the services of an Emergency Room or hospitalization, death or any other seminal event in the life of their child/youth;
-- to be notified within 24 hours following the restraint or seclusion of their child/youth;
-- to file complaints and grievances without fear of retaliation.
-- Review major operational decisions;
-- Have provisions which preclude both the fact and appearance of conflict of interest;
-- Specify the terms of appointment or election of members, officers, and chairperson(s) of committees;
-- Specify the frequency of meetings and attendance requirements;
-- Prohibit board members from being paid members of the staff.
-- The program's stated goals and objectives;
-- Relevant laws and/or regulations, whether federal, state, local or municipal, governing the operation of the Residential Treatment Program. This may include, but is not limited to Zoning; Department of Public Safety, Fire Prevention; Department of Health; Interstate and International Placement of Children; The Prison Rape Elimination Act of 2003.
-- Development and on-going review of program policies and procedures;
-- Development and review of annual budgets to carry out the objectives of the Residential Treatment Program;
-- Any fund raising, community activity, publicity or research involving children/youth is conducted in a manner which respects the dignity and rights of children, youth and their families and complies with all relevant state and federal laws regarding confidentiality.
-- The number and circumstances of planned discharges;
-- The number and circumstances of unplanned discharges;
-- Consumer feedback;
-- Provision of adequate supervision as evidenced by all reports of child abuse, sexual contact between children/youth;
-- Grievances heard, resolved and unresolved;
-- Personnel actions taken;
-- Staff turnover; and
-- Employee satisfaction surveys.
GENERAL |
-- Administrative;
-- Financial;
-- Supervisory;
-- Clinical;
-- Case Management;
-- Direct child care;
-- Housekeeping;
-- Maintenance;
-- Food service;
-- Maintenance of records.
-- Good role modeling;
-- Adequate supervision of children/youth;
-- The development of healthy relationships between adults, children/youth.
QUALIFICATIONS |
-- Master's degree in a relevant field and,
-- Four years direct care, including supervisory experience in a residential treatment program or therapeutic setting for children and/or youth.
or,
-- Bachelor's degree in a relevant field and,
-- Five years direct care, including two years supervisory experience in a residential treatment program or therapeutic setting for children and youth.
-- Master's degree in a relevant field and,
-- One year experience providing direct care in residential treatment programs for children/youth.
or,
-- Bachelor's degree and,
-- Two years experience providing direct care in residential treatment programs for children/youth.
or,
-- High School Diploma or GED and,
-- Four years experience working with children/youth in residential treatment programs.
-- Bachelor's degree and,
-- 21 years of age and,
-- Experience working with children/youth.
or,
-- High School Diploma or GED and,
-- 21 years of age and,
-- Two years experience interacting with children/youth. This may include, but is not restricted to camp counselor, coach, babysitting.
HIRING |
A Residential Treatment Program shall have written personnel policies and procedures for the hiring, orientation, training, supervision, evaluation, recognition, discipline and termination of employees.
Residential Treatment Program shall conduct background checks, upon hire and every three years thereafter, on all employees, board member/trustees, volunteers, student interns, and others who may have unsupervised contact with children/youth in the program. Minimally, the background checks shall include the Vermont Criminal Information Center, Vermont Child Protection Registry and the Adult Abuse Registry.
The results of background checks must be received and evaluated by the program administrator prior to the individual being hired and prior to having any unsupervised contact with children/youth. Documentation of completed background checks and administrative review must be maintained and available to licensing upon request.
EMPLOYEE ORIENTATION AND TRAINING |
-- Program description and population served;
-- A tour of the facility;
-- Overall program treatment philosophy and approach;
-- Program philosophy of behavior management;
-- Child/youth grievance process;
-- Basic information about behavior children/youth may exhibit;
-- Identification of early warning signs that indicate child/youth may become disruptive or aggressive and how these observations are to be reported;
-- Professionalism in dealing with children/youth, families, and others;
-- Confidentiality;
-- Program policies and procedure relating to interventions employed by staff to prevent, deescalate, safely manage child/youth acting out behaviors;
-- Roles and expectation of various personnel in preventing and responding to crisis situations;
-- Documentation requirements;
-- Working as part of a team;
-- Policies regarding zero-tolerance for sexual abuse;
-- Procedures for reporting suspected incidents of child abuse and neglect;
-- Policies and procedures regarding runaway children/youth
-- Policies and procedures regarding the acquisition, storage, administration, documentation and disposal of medication;
-- Emergency response procedures;
-- Emergency evacuation procedures;
-- Residential Treatment Program regulations.
-- Relationship building, group processes, restraint prevention, de-escalation methods, avoidance of power struggles, and threshold for use of restraint;
-- The physiological effect of restraint, monitoring physical distress signs and obtaining medical assistance, and positional asphyxia;
-- Legal issues and idiosyncratic conditions that may affect the way children/youth and staff may respond to restraint (e.g., cultural sensitivity, age, gender, developmental delays, history of trauma, symptoms related to substance abuse, health risks, etc.), and;
-- Escape and evasion techniques, time limits, the process for obtaining approval for continued restraints, the procedure to address problematic restraints, documentation, debriefing with children/youth, follow-up with staff, and investigations of injuries and complaints.
-- Relationship Building ;
-- Listening and communication;
-- Family Engagement;
-- Understanding and analyzing problem behaviors;
-- Trauma informed practices;
-- Positive behavior support;
-- Designing and implementing routines;
-- Setting clear limits;
-- Praising and reinforcing behavior;
-- Early detections of conflict situations;
-- Interventions to minimize potential conflicts;
-- Designing and implementing activity programs;
-- Teaching social and anger management skills;
-- Managing transitions;
-- Managing personal boundaries;
-- Harassment;
-- Conflict resolution;
-- First Aid and emergency medical procedures;
-- Administration of medication and the documentation thereof.
EVALUATION |
PERSONNEL FILES |
-- The application for employment and/or resume;
-- Documentation of reference checks;
-- Employee's starting and termination dates;
-- Applicable professional credentials/certifications;
-- A signed job description, acknowledging receipt;
-- Employee's plan for on-going training and professional development;
-- Documentation of training;
-- All annual performance evaluations;
-- Commendations and disciplinary actions relating to the individual's job performance.
STAFF COMMUNICATIONS |
VOLUNTEER SERVICES AND STUDENT INTERNS: |
PROGRAM DESCRIPTION |
-- Description of the population served;
-- Criteria for admission;
-- Exclusionary criteria;
-- Description of the milieu;
-- Description of the treatment modalities;
-- Description of the clinical services provided;
-- Description of the educational services provided.
CASE RECORDS |
-- The name of the child/youth;
-- Gender;
-- Date of birth;
-- Date of Admission;
-- Legal custody and custodianship status;
-- Informed consent signed by the parent(s) and custodian to provide emergency medical treatment and for the administration of medication;
-- Contact information for the parent(s), caretakers;
-- Documented acknowledgement from the child/youth, parent(s) and custodian that they have been informed of the program's policies and procedures regarding the use of restraint and seclusion;
-- Informed consent signed by parent(s) and custodian regarding the policies and procedures guiding the use of restraint and seclusion that may occur while the child/youth is in the program;
-- De-escalation intervention plan;
-- Referral and Intake information;
-- Treatment/clinical records;
-- Education records;
-- Cumulative medical records including date and results of last physical and dental examinations;
-- Plan of Care, amendments and reviews;
-- Incident Reports;
-- Discharge Plan;
-- Date of Discharge; and
-- Contact information of the person or program to which the child/youth was discharged.
REFERRAL/ADMISSION PROCESS |
-- The procedure used to report complaints or grievances, including timelines and accessible reporting formats;
-- Assurance that the complaint may be submitted to someone other than the individual named in the complaint;
-- Assurance that retaliation will not be tolerated;
-- An opportunity for the child, youth, family member, custodian or staff member to present his or her version of events and to present witnesses;
-- A process for informing the complainant of the results;
-- A process for appeal;
-- Contact information for the licensing authority; and
-- Contact information for the State-designated protection and advocacy system.
-- Explanation of de-escalation techniques staff members may employ to defuse the situation in an attempt to avoid the use of restraint or seclusion;
-- Description of situations and criteria for the use of restraint or seclusion;
-- Who is authorized to approve and initiate the use of restraint or seclusion;
-- A description of the restraint techniques authorized for use;
-- A viewing of rooms used for seclusion;
-- The protocol for the monitoring of the child/youth's health and well-being during the restraint, including time frames;
-- The protocol for supervision and monitoring of the child/youth's health and well-being while secluded, including time frames;
-- The decision-making process used by staff for the discontinuation of the use of restraint or seclusion;
-- The internal grievance procedure to report inappropriate use restraint or seclusion; and
-- Contact information for the Licensing Authority.
-- The child/youth's history of violence;
-- The child/youth's history of suicidal ideation or attempts;
-- Events that may trigger aggressive or suicidal behavior;
-- Techniques to regain control, self regulate, self-sooth that have been successful in the past;
-- Preexisting medical conditions or physical disabilities that place the child/youth at increased risk of harm, and
-- History of trauma that places the child/youth at increased risk of psychological harm if he/she is restrained or secluded.
PLAN OF CARE |
-- Reason for Admission,
-- Preliminary Goals and Objectives;
-- Services/Interventions to be provided, by whom, and frequency;
-- How progress will be measured;
-- Family contact and level of involvement;
-- Mental Health status;
-- Physical Health status;
-- Social Skills;
-- Family relationships;
-- Recreation/Activities/Interests;
-- Education;
-- Activities of daily living/Independent living skills;
-- De-escalation Intervention Plan;
-- Plan for discharge;
-- Aftercare planning.
SUPERVISION |
FAMILY INVOLVEMENT |
-- The child/youth's location;
-- Length of stay;
-- Plan for transportation;
-- Plan for conveying medication;
-- Discussion of medication regime;
-- Recommendations for supervision;
-- Name, address and contact information for person responsible for the child/youth while they are away from the program;
-- Relationship to the person responsible for the child/youth;
-- Plan for the unforeseen return of the child/youth, and
-- Documentation of above activities.
EDUCATION |
DAILY ROUTINE |
COMMUNICATION AND PRIVACY |
-- Document the decision, including who was involved in the decision making process, reasons for limitations of his/her right to communicate with the specified individual(s);
-- Inform the child/youth of the decision making process;
-- Review this decision minimally at each review of the Plan of Care.
MONEY/FINES |
CHORES |
RELIGION |
PERSONAL BELONGINGS |
PERSONAL CARE AND HYGIENE |
FOOD SERVICES |
MEDICAL CARE |
-- The name of the resident;
-- The reason for the visit;
-- Name and contact information for the provider;
-- Results of examination, tests and recommendations;
-- Medication(s) prescribed;
-- The time and date the medication is administered.
DENTAL CARE |
ADMINISTRATION OF MEDICATION |
PETS |
-- Identifying information;
-- Owner(s) contact information;
-- Record of vaccinations;
-- Record of registration;
-- Statement of good health from a Veterinarian;
-- Veterinarian's contact information and;
-- Incidents involving the pet, for example if the pet is abused by a child/youth, or if the pet bites a child/youth or staff member.
BEHAVIOR MANAGEMENT |
-- Strip searches;
-- Body cavity searches;
-- Restraints that impede a child/youth's ability to breathe or communicate;
-- Chemical restraint;
-- Mechanical restraint;
-- Pain inducement to obtain compliance;
-- Hyperextension of joints;
-- Peer restraints;
-- Locked buildings, rooms, closets, boxes, recreation areas or other structures from which a child/youth can not readily exit;
-- Discipline or punishment which is intended to frighten or humiliate a child/youth;
-- Requiring or forcing a child/youth to take an uncomfortable position, such as squatting or bending, or requiring or forcing the child/youth to repeat physical movements;
-- Spanking, hitting, shaking, or otherwise engaging in aggressive physical contact (horseplay) with a child/youth;
-- Physical exercises such as running laps or performing push-ups;
-- Excessive denial of on-grounds program services or denial of any essential program services;
-- Depriving a child/youth of meals, water, rest, or opportunity for toileting;
-- Denial of shelter, clothing, or bedding;
-- Withholding of personal interaction, emotional response or stimulation;
-- Exclusion of the child/youth from entry to the residence;
-- Any act defined as abuse or neglect by 33 V.S.A., Chapter 28, § 4912.
PHYSICAL RESTRAINT |
-- The threshold for initiating restraint;
-- Forms of restraint that are permitted;
-- Staff members authorized and qualified to order or apply restraint;
-- Procedures for monitoring the child/youth placed in restraint for signs of discomfort and medical issues;
-- Time limitations on the use of restraint;
-- The immediate and continuous review of the decision to restrain;
-- Documentation of the use of restraint;
-- Record keeping of incidents of restraint;
-- Debriefing with the child/youth;
-- Debriefing with all witnesses;
-- Debriefing staff;
-- Notification of parent(s) and custodian; and
-- Administrative review of all restraints.
SECLUSION |
-- Circumstances under which seclusion may be used;
-- Staff members authorized to approve the use of seclusion;
-- Procedures for monitoring children/youth in seclusion;
-- Time limitations on the use of seclusion;
-- The immediate and continuous review of the decision to use seclusion;
-- Documentation of the use of seclusion;
-- Record keeping of incidents of seclusion;
-- Debriefing with the child/youth;
-- Debriefing with all witnesses;
-- Debriefing staff;
-- Notification of parent(s) and custodian; and
-- Administrative review of all restraints and follow up actions taken.
DOCUMENTATION |
-- Name, age, height, weight, gender and race of the child/youth;
-- Date, beginning and ending time of occurrence;
-- A description of what happened; including what activity the child/youth was engaged in prior to the escalation, the precipitating events;
-- Description of de-escalation and less intrusive methods of intervention used and reasons for their use;
-- Supervisory, clinical and/or administrative notification and approval;
-- Staff involved, including full names, titles, relationship to the child/youth and if a restraint, date of most recent formal de-escalation and restraint training;
-- Witnesses to the precipitating incident and subsequent restraint or seclusion;
-- Preventative actions that may be taken in the future;
-- Name of person making the report;
-- Detailed description of any injury to the child/youth;
-- Detailed description of any injury to staff members;
-- Any action taken by the program as a result of any injury.
-- Debriefing with child/youth;
-- Debriefing with witnesses;
-- Debriefing with staff;
-- Medical needs;
-- Identified need for additional training; or
-- Personnel action (if warranted).
RESTRAINT AND SECLUSION MONITORING |
-- Shift;
-- Location;
-- Day of the week;
-- Time of day/night
-- Incident antecedents;
-- Length child/youth was held in restraint or seclusion;
-- Type of restraint or seclusion;
-- Age;
-- Gender;
-- Ethnicity;
-- Number of incidents per child/youth;
-- Staff members involved;
-- Child/youth injuries requiring medical attention; and
-- Staff injuries requiring medical attention.
GENERAL |
-- A record of such emergency drills shall be maintained including the date and time of the drill and whether evacuation was actual or simulated.
-- All personnel in the building shall participate in emergency drills.
-- The Residential Treatment Program shall make and document special provisions for the evacuation of any developmentally or physically disabled children/youth from the program.
SLEEPING AREAS |
TOILET, SHOWER AND BATHING FACILITIES |
KITCHEN/DINING AREA |
LIVING ROOM |
SECLUSION ROOMS |
EMPLOYEE SPACE |
Exemptions and Additional Regulations for Secure Facilities.
Secure Facilities shall be exempt from the following regulations.
-- Strip searches;
-- Mechanical restraint.
-- Locked buildings, rooms, recreation areas.
Secure Facilities shall follow these additional regulations.
-- Security procedures;
-- Trauma informed use of mechanical restraint;
-- Trauma informed execution of strip search.
-- All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility or the safety of the child/youth and not as a form of punishment.
-- All searches shall only be conducted by same gender staff of the child/youth.
-- A pat search is the standard method of searching children/youth upon admission.
-- Current charges involve a crime of violence; or
-- Current charges involve use of a weapon; or
-- Current charges are drug related; or
-- The child/youth's prior history includes arrest, charges or convictions of the above.
Exemptions and Additional Regulations for Wilderness Programs.
Wilderness Programs shall be exempt from the following regulations.
-- A record of such emergency drills shall be maintained including the date and time of the drill and whether evacuation was actual or simulated.
-- All personnel in the building shall participate in emergency drills.
-- The Residential Treatment Program shall make and document special provisions for the evacuation of any developmentally or physically disabled children/youth from the program.
Secure Facilities shall follow these additional regulations.
Definitions.
Behavior Management: The use of specialized interventions to guide, redirect, modify, or manage behavior of children/youth. Behavior Management includes the entire spectrum of activities from preventative and planned use of the environment, routines, and structure of the particular setting; from less restrictive interventions such as positive reinforcement, verbal interventions, de-escalation techniques, therapeutic activities, loss of privileges; to more restrictive interventions such as time out, restraint, and seclusion.
Child Abuse and Neglect: Improper treatment of children/youth, as defined by law. Abused or neglected child is a child whose physical health, psychological growth and development or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child's welfare. Also, a child who is sexually abused or at substantial risk of sexual abuse by any person ( 33 VSA § 4912(2)) .
Child Sexual Abuse: Sexual abuse is any act or acts by any person involving sexual molestation or exploitation of a child including, but not limited to, incest, prostitution, rape, sodomy, or any lewd and lascivious conduct involving a child. Sexual abuse also includes the aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts a sexual conduct, sexual excitement or sadomasochistic abuse involving a child ( 33 VSA § 4912(8)) .
Case Records: Are a cohesive, comprehensive collection of information concerning a child/youth receiving services in a Residential Treatment Program.
Contraband: Illegal or prohibited possessions, for example cigarettes, drugs, alcohol, weapons etc.
Custodian: Is a person other than a parent or legal custodian to whom legal custody of the child has been given by order of a Vermont family or probate court or a similar court in another jurisdiction." ( 33 VSA § 5102(8).
De-escalation Intervention Plan: (however called), is an individualized plan based on input from the child/youth, parents and custodians, that identifies situations that cause the child/youth to engage in unsafe or disruptive behaviors. This plan identifies interventions that have (and those which have not) been successful in the past and planned interventions for the future.
Escort: is the application of physical force by one or more individuals that reduces or restricts the child/youth's freedom of movement, (see definitions of physical restraint and physical prompt).
Ethics: Standards for conduct within the organization.
Family: The parent(s) and sibling(s) of the child/youth, or the person(s) performing the parental and sibling roles. Family may include birth or adoptive parent(s), grandparent(s), foster parent(s), and guardians.
Governing Authority: The governing authority is the board of directors, ultimately responsible for conducting the affairs of a Residential Treatment Program.
Incident Report: A standardized form which documents significant and unusual events such as, the use of restraint, seclusion, death, injury to child/youth or staff, accidents, elopements, medication errors, emergency evacuation, criminal activity etc.
Informed Consent: A process of mutual understanding and agreement between the child/youth, parent(s) and custodian and the service provider.
Inventory Search: A thorough search of a child/youth's clothing or personal property brought into the program at the time of admission, visitation, or activity outside the program.
License: A written certification of a Residential Treatment Program's authorization to operate under state law together with the conditions of such authorization.
Milieu: The physical and social environment.
Pat Search: The clothed, pat down search of a child/youth's body and outer clothing. This type of search is also referred to as a "frisk" search.
Physical Prompt: A light touch to encourage a response, to provide direction or guidance. A physical prompt allows the child to maintain maximum influence over their own behavior. If the prompt is met with resistance the adult may choose to withdraw physical contact or meet the resistance with an escort depending on the circumstances. A physical prompt does not require documentation or notification.
Plan of Care: A child/youth specific, comprehensive, time-limited, goal oriented, outcome based, individualized plan for the care, treatment and education of a child/youth while in care of a Residential Treatment Program; developed by program employees in collaboration with the child/youth, parent(s), custodian and local treatment team.
Provider: Person, program or agency providing service(s).
Residential Treatment Program: (formerly called a Residential Child Care Facility) is a place, however named, which provides a planned program aimed at behavioral change, administered by qualified staff, for children in a twenty-four hour residential setting.
Restraint, Chemical: The administration of medications that may or may not be a standard treatment for the child/youth's medical or psychiatric condition or a part of his/her daily medication regimen, which are used for the primary purpose of temporarily controlling the child/youth's behavior.
Restraint, Mechanical: The use of any device, article, or garment attached or adjacent to the child/youth's body that restricts freedom of movement.
Restraint, Physical: The application of physical force by one or more individuals that reduces or restricts the child/youth's freedom of movement, including an escort.
Room Search: A routine and/or unscheduled search of a child/youth's room to discover contraband and/or destruction of property.
Seclusion: (however named) is the confinement of a child/youth in a segregated room, for the purpose of preventing harm to self or others, with the child/youth's freedom to leave physically restricted. Seclusion is not a punishment. Voluntary time-out is not considered seclusion, even though the voluntary time out may occur in response to verbal direction; the child/youth is considered in seclusion if freedom to leave the segregated room is denied.
Secure Program: is a building secure Residential Treatment Program which employs locked or inoperable doors and windows to prevent children/youth from leaving the building i.e. a detention program or hospital.
Sexual Activity: For the purposes of documentation and reporting as referenced in these regulations "sexual activity" includes sexual contact with another child/youth's breasts and/or genitalia.
Sleeping Area: Typically a bedroom however it may be a tent, yurt or other comparable structure used in Wilderness Programs.
Strip Search: A search for contraband that requires the child/youth to remove his/her clothing in order to closely examine the child/youth's clothing and allow for a visual inspection of the child/youth's body.
Time-out: (however named) is the temporary removal of a child/youth from the current activity until he/she is less agitated or disruptive. Time-out is used to teach children/youth to calm themselves and self regulate. Time-out is not a punishment. It is the opportunity to learn/practice new skills. The duration of a time-out is limited to the amount of time it takes the child/youth to compose him/herself.
Substitute Care: Any kind of custodial or residential care for a child/youth that is:
-- Sanctioned by a court or
-- Arranged by a parent or guardian
in which a child/youth does not continue to live with either of their parents. It can involve family foster care or residential care.
Therapeutic Milieu: A structured group setting in which the existence of the group is a key force in the outcome of treatment. Using the combined elements of positive peer pressure, trust, safety and repetition, the therapeutic milieu provides an idealized setting for group members to work through their psychological issues.
Wilderness Therapy Program: Wilderness therapy is an experiential program that takes place in a wilderness or remote outdoor setting. Programs provide counseling, therapy, education, leadership training and primitive living challenges that foster community and group interdependence. The terms wilderness therapy, wilderness program and outdoor behavioral health program are commonly used to describe this type of care.
13-001 Code Vt. R. 13-172-001-X
EFFECTIVE DATE: July 1, 1982
AMENDED: November 15, 1992 Secretary of State Rule Log #92-54; January 1, 2011 Secretary of State Rule Log #10-039 [amended and renumbered from 13 162 006]