25-03.2 Residential Treatment Centers for Children
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<![CDATA[CHAPTER 25-03.2RESIDENTIAL TREATMENT CENTERS FOR CHILDREN25-03.2-01. Definitions. In this chapter, unless the context otherwise requires:1."Child" or "children" means a person or persons under the age of twenty-one.2."Clinical supervision" means the oversight responsibility for individual treatment<br>plans and individual service delivery, provided by qualified mental health<br>professionals.3."Department" means the department of human services.4."Diagnostic assessment" means a written summary of the history, diagnosis, and<br>individual treatment needs of a mentally ill person using diagnostic, interview, and<br>other relevant assessment techniques provided by a mental health professional.5."Individual treatment plan" means a written plan of intervention, treatment, and<br>services for a mentally ill person that is developed under the clinical supervision of a<br>mental health professional on the basis of a diagnostic assessment.6."Mentally ill person" has the same meaning provided for in section 25-03.1-02.7."Psychiatric residential treatment facility for children" means a facility or a distinct<br>part of a facility that provides to children a total, twenty-four hour, therapeutic<br>environment integrating group living, educational services, and a clinical program<br>based upon a comprehensive, interdisciplinary clinical assessment, and an<br>individualized treatment plan that meets the needs of the child and family. The<br>services are available to children in need of and able to respond to active<br>psychotherapeutic intervention and who cannot be effectively treated in their own<br>family, in another home, or in a less restrictive setting. The facility must meet the<br>requirements of a psychiatric residential treatment facility as set out in title 42, Code<br>of Federal Regulations, part 483.352.8."Qualified mental health professional" means a licensed physician who is a<br>psychiatrist, a licensed clinical psychologist who is qualified for listing on the national<br>register of health service providers in psychology, a licensed certified social worker<br>who is a board-certified diplomate in clinical social work, or a nurse who holds<br>advanced licensure in psychiatric nursing.9."Residential treatment" means a twenty-four hour a day program under the clinical<br>supervision of a mental health professional, in a community residential setting other<br>than an acute care hospital, for the active treatment of mentally ill persons.25-03.2-02.License required.The operator of a publicly or privately operatedpsychiatric residential treatment facility for children shall meet the requirements for licensure and<br>shall secure a license from the department.25-03.2-03. Requirements for license. The department shall issue a license for theoperation of a psychiatric residential treatment facility for children upon a showing that:1.The premises to be used are in fit, safe, and sanitary condition and properly<br>equipped to provide good care and treatment;2.The program director of the facility holds, at a minimum, a master's degree in social<br>work, psychology, or in a related field with at least two years of professional<br>experience in the treatment of children suffering from mental illnesses or emotional<br>disturbances.The executive director of the facility must have, at a minimum, aPage No. 1bachelor's degree in a behavioral science or a bachelor's degree in any field and two<br>years of experience in administration;3.The staff employed by the facility is supervised by the program director and qualified<br>by training and experience to provide services to children suffering from mental<br>illnesses or emotional disturbances. The facility annually must provide training to<br>staff which is relevant to the needs of the client population;4.The health, safety, and well-being of the children cared for and treated in the facility<br>will be properly safeguarded;5.There are sufficient treatment, educational, recreational and leisure, and physical<br>facilities and services available to the children in the facility;6.The facility will provide for a medical and psychological examination of each child<br>within seventy-two hours of admission and thereafter as needed by the child;7.An interdisciplinary team consisting of at least one qualified mental health<br>professional will review each individual treatment plan at least monthly and update<br>or amend the plan to meet the needs of the child;8.The facility develops postdischarge plans and coordinates facility services and<br>related community services with partial discharge plans with each child's family,<br>school, and community upon discharge to ensure continuity of care; and9.The facility is in compliance with requirements for psychiatric residential treatment<br>facilities under 42 U.S.C. 1396d [Pub. L. 89-97; 79 Stat. 351] and title 42, Code of<br>Federal Regulations, part 441, and with this chapter and rules adopted under this<br>chapter.25-03.2-03.1. Moratorium on expansion of psychiatric residential treatment facilityfor children bed capacity. Notwithstanding sections 25-03.2-03 and 25-03.2-08, unless a needs<br>assessment conducted by the department indicates a need for the licensing of additional bed<br>capacity, the department may not issue a license under this chapter for any additional bed<br>capacity for a psychiatric residential treatment facility for children above the state's gross number<br>of beds licensed as of June 30, 2003. This section does not apply to nor prohibit the department<br>from licensing additional bed capacity for a new psychiatric residential treatment facility for<br>children if the additional beds are designated for the care of children and adolescents who are<br>residents of other states.25-03.2-04. Conviction not bar to licensure - Exceptions. Conviction of an offense byan owner or operator of a facility does not disqualify the center from licensure unless the<br>department determines that the offense has a direct bearing upon a person's ability to serve the<br>public as an owner or operator of a psychiatric residential treatment facility for children, or that,<br>following conviction of any offense, the person is not sufficiently rehabilitated under section<br>12.1-33-02.1.25-03.2-05.Content of license.The license to operate a psychiatric residentialtreatment facility for children must specify:1.The name of the licensee.2.The premises to which the license is applicable.3.The number of children who may be received in the premises at any one time.4.The date of expiration of the license.Page No. 225-03.2-06. Admission criteria. A child may be admitted to a psychiatric residentialtreatment facility for children if, the child has been diagnosed by a psychiatrist or psychologist as<br>suffering from a mental illness or emotional disturbance and the child is in need of and able to<br>respond to active psychotherapeutic intervention and cannot be effectively treated in the child's<br>family, in another home, or in a less restrictive setting. The facility must take into account the<br>age and diagnosis of the child in order to provide an environment that is safe and therapeutic for<br>all children.25-03.2-07. Method of providing service. A psychiatric residential treatment facility forchildren shall provide for the development of an individual treatment plan, based upon a<br>comprehensive interdisciplinary diagnostic assessment, which includes the role of the family,<br>identifies the goals and objectives of the therapeutic activities and treatment, provides a schedule<br>for accomplishing the therapeutic activities and treatment goals and objectives, and identifies the<br>individuals responsible for providing services, consistent with the individual treatment plan, to<br>children. Clinical supervision of the individual treatment plan must be accomplished by full-time<br>or part-time employment of or contracts with qualified mental health professionals.Clinicalsupervision must be documented by the qualified mental health professionals cosigning<br>individual treatment plans and by entries in the child's record regarding supervisory activity.25-03.2-08. Revocation or denial of license. The department may revoke a license ordeny an application for a license under this chapter if:1.Any requirement and condition of this chapter for the issuance of a license is not<br>met, or has ceased to be met;2.The license was issued or requested upon fraudulent or untrue representations;3.The owner or operator has violated any rule of the department; or4.The owner, operator, or an employee of the facility is or has been found guilty of an<br>offense determined by the department to have a direct bearing on the person's<br>ability to serve as an owner, operator, or employee, or the department determines,<br>following conviction of an offense, that the person is not sufficiently rehabilitated<br>under section 12.1-33-02.1.25-03.2-09. Hearing on denial or revocation of license. In any case in which thedepartment determines that a license should be revoked or an application for a license should be<br>denied, written reasons for the revocation or denial must be provided to the licensee or applicant.<br>The licensee or applicant is entitled to a hearing before the department if a hearing is requested<br>within ten days after the charges are provided.25-03.2-10. Department may adopt rules. The department may adopt rules for theconduct of psychiatric residential treatment facilities for children.Page No. 3Document Outlinechapter 25-03.2 residential treatment centers for children]]>