CHAPTER 67:42:08
RESIDENTIAL TREATMENT CENTERS
Section
67:42:08:01 Definitions.
67:42:08:01.01 Eligibility requirements -- Residential treatment center.
67:42:08:01.02 Licensed practitioner.
67:42:08:02 Qualifications for program director.
67:42:08:03 Staff-child ratio.
67:42:08:04 Orientation and in-service training.
67:42:08:05 Treatment plan.
67:42:08:06 Compliance with chapter 67:42:07.
67:42:08:07 Review and evaluation of treatment plan.
67:42:08:08 Emergency safety intervention -- Face-to-face assessment required.
67:42:08:09 Written policy requirements.
67:42:08:10 Emergency safety intervention.
67:42:08:01. Definitions. Terms used in this chapter
mean:
(1) "After-care
services," supportive social services, as specified in the treatment plan,
for the family after the child has returned home;
(2) "Emergency safety
intervention," the use of restraint or seclusion as an immediate response
to an emergency safety situation;
(3) "Family
services," social rehabilitative services to family members to alleviate
problems specified in the treatment plan to enable a child to return to the
child's own home;
(4) "Licensed
practitioner," a licensed physician's assistant, a certified nurse
practitioner, a licensed psychologist, a licensed social worker, a licensed
professional counselor, or a qualified mental health professional who meets the
requirements of SDCL 27A-1-3;
(5) "Personal
restraint" or "restraint," the application of physical force
without the use of any device for the purpose of restraining the free movement
of a resident's body. The term does not include briefly holding a resident without
undue force in order to calm or comfort the resident or holding a resident's
hand for purposes of safely escorting the resident from one area to another;
(6) "Program
director," the individual responsible for developing, implementing,
supervising, and monitoring the services provided;
(7) "Residential
treatment center," a facility licensed to care for not less than seven
children who have behavioral or emotional problems requiring intensive
professional assistance and therapy in a highly structured, self-contained
environment; and
(8) "Treatment
plan," a plan that explains the child's social, psychological, medical, or
economic problems, contains solutions to the problems, and describes the
necessary steps and schedules to resolve the problems.
Source:
7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985;
33 SDR 227, effective July 1, 2007; 34 SDR 200, effective January 30, 2008.
General
Authority: SDCL 26-6-16.
Law
Implemented: SDCL 26-6-14, 26-6-16.
67:42:08:01.01. Eligibility requirements -- Residential treatment center. In addition to the requirements contained in this chapter, a residential treatment center must meet the requirements of 42 C.F.R. §§ 441.150 through 441.184 (October 1, 2019) for a psychiatric residential treatment facility for individuals under the age of 21.
Source: 33 SDR 227, effective July 1, 2007; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(2)(6)(11).
Law Implemented: SDCL 26-6-16(2)(6)(11).
67:42:08:01.02. Licensed practitioner. In any of the federal
regulations incorporated under the provisions of this chapter, the term,
licensed practitioner, has the meaning specified in § 67:42:08:01.
The licensed practitioner must meet
the education and training requirements established in 42 C.F.R. § 483.376
(October 1, 2006). A licensed practitioner does not include a licensed social
work associate.
Source:
33 SDR 227, effective July 1, 2007.
General
Authority: SDCL 26-6-16.
Law
Implemented: SDCL 26-6-16.
67:42:08:02. Qualifications for program director. The program director of the residential treatment center must have a master's degree in an accredited behavioral or social science area and at least two years of relevant alternative child care experience or a bachelor's degree in an accredited behavioral or social science area and four years of relevant alternative child care experience. The program director may not have on record a substantiated report of child abuse or neglect.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 15 SDR 162, effective May 4, 1989; 20 SDR 223, effective July 7, 1994; 34 SDR 200, effective January 30, 2008.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Revocation or refusal to issue or renew license or registration for child abuse or violence, SDCL 26-6-23.1; Screening for substantiated reports of abuse and neglect, § 67:42:01:05.02.
67:42:08:03. Staff-child ratio. Child care staff must be employed to maintain daily living conditions for all children in care. There must be at least one staff member to supervise each 6 children or fraction thereof during waking hours whenever children are present. During sleeping hours, there must be at least one staff member present and awake in each separate sleeping unit to supervise children, but not less than one staff member for each 12 children or fraction thereof in the building. There must be a minimum of two adults on the grounds at all times. Additional child care staff must be on call. A list of the staff members on call must be posted by the facility's telephone in case of an emergency. The facility must have a written plan to ensure that staff, law enforcement, or appropriate emergency responders are available at the center within a reasonable time in the event of an emergency. Arrangements must be made for employing substitute staff to serve children in emergencies, during vacations or illness of regular staff, and during the time when regular staff is off duty. Auxiliary staff members, such as certified special education teachers, mental health professionals, and physical or occupational therapists, must be provided according to the defined purposes of the center.
The department may require a higher adult-child ratio if on-site visits indicate a need for more supervision to maintain control and discipline.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 34 SDR 200, effective January 30, 2008; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:08:04. Orientation and in-service training. Orientation and in-service training must be provided according to § 67:42:07:04, except each direct child care staff member in a residential treatment center shall participate in a minimum of 40 clock hours of planned in-service training annually.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:08:05. Treatment plan. The facility shall develop a written treatment plan for each child in care within 14 days after the date of admission. The development of the treatment plan must involve the child in care; the facility staff working with the child, including members of the treatment team required by 42 C.F.R. § 441.156, effective October 1, 2007; the placement agency; and if appropriate, the parent or guardian. The treatment plan must be signed by each of the individuals involved in development of the plan and, in addition to the requirements contained in 42 C.F.R. § 441.155, must include an assessment of the child's needs and strength; treatment goals for the child and the child's family with an integrated program of therapies, activities, and experiences designed to meet the goals; projected times for achieving the stated goals; the projected length of stay; the conditions under which the child will be discharged; and a discharge plan that meets the requirements of § 67:42:15:12.
Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985; 27 SDR 121, effective May 28, 2001; 33 SDR 227, effective July 1, 2007; 34 SDR 200, effective January 30, 2008; 35 SDR 187, effective February 11, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Individual plan of care, 42 C.F.R. § 441.155; Protection of residents -- Emergency safety intervention, 42 C.F.R. § 483.356(b).
67:42:08:06. Compliance with chapter 67:42:07. In
addition to the rules contained in this chapter, residential treatment centers
shall comply with the standards as set forth in §§ 67:42:07:07 to
67:42:07:26, inclusive.
Source:
7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 25, 1985;
33 SDR 227, effective July 1, 2007.
General
Authority: SDCL 26-6-16.
Law
Implemented: SDCL 26-6-14, 26-6-16.
67:42:08:07. Review and evaluation of treatment plan. A case record must be maintained on each child according to § 67:42:01:21. The facility must secure the records against loss, tampering, or unauthorized use.
When the 30-day review of the child's treatment plan is complete, a progress report must be sent to the child's placement agency. The facility shall send a copy of the monthly report to the child's parent or guardian if the parent or guardian was involved in the child's placement or is actively involved in treatment planning. At least once every three months the treatment plan must be updated. The updated treatment plan must include the progress made toward achieving the goals in the previous plan and any amendments made to the plan. When complete, a copy of the plan amendments must be sent to the child's placement agency and the parent, if applicable. During the month of the quarterly review, the 30-day progress report may be incorporated into the quarterly review and treatment plan amendment.
Source: 12 SDR 4, effective July 25, 1985; 33 SDR 227, effective July 1, 2007; 34 SDR 200, effective January 30, 2008.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
Cross-References: Treatment plan, § 67:42:08:05; Individual plan of care -- Required 30-day review, 42 C.F.R. § 441.155(c).
67:42:08:08. Emergency safety intervention -- Face-to-face assessment required. The face-to-face assessment required under the provisions of 42 C.F.R. § 483.358(f), as amended to January 1, 2007, must be provided by a physician, a licensed practitioner, a registered nurse, or a licensed social work associate who has a bachelor's degree and certification as a trainer in a nationally-recognized program of behavior management and personal restraint.
Source: 33 SDR 227, effective July 1, 2007; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
67:42:08:09. Written policy requirements. The facility must develop written policies that address:
(1) Intake;
(2) Treatment;
(3) Discharge;
(4) Discipline;
(5) Confidentiality;
(6) Reporting suspected child abuse and neglect within the facility;
(7) Emergency safety interventions;
(8) Health care of children; and
(9) Emergency and safety procedures.
The facility must inform the child's parent or guardian of the facility's policies, including the individuals or agencies to whom required reports must be made. The child's parent or guardian must sign and date a statement that lists the specific policies covered as verification that the facility provided the required information. The facility must make copies of these policies available on request.
Source: 34 SDR 200, effective January 30, 2008; 47 SDR 24, effective September 10, 2020.
General Authority: SDCL 26-6-16(6).
Law Implemented: SDCL 26-6-16(6).
67:42:08:10. Emergency safety intervention. A licensed physician, a licensed practitioner, a registered nurse, or a licensed social work associate who has bachelor's degree and certification as a trainer in a nationally-recognized program of behavior management and personal restraint is authorized to order and monitor the use of personal restraint. The facility shall conduct a review on a random sampling of orders to ensure that each licensed social work associate providing an order meets the requirements of this section.
Source: 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
