Administrative Code Provisions | Md. Code Regs. 14.31.06.03 | 2018
A. In this chapter, the definitions in COMAR 14.31.05 apply, and the following terms have the meanings indicated.
B. Terms Defined.
(1) "Behavior treatment plan" means a proactive plan, based on the functional behavioral assessment, designed to address problem behaviors exhibited by a resident in the residential setting through the use of positive behavioral interventions, strategies, and supports, developed by a human services professional as defined in § B(10) of this regulation, who has training and expertise in conducting a behavior functional assessment.
(2) "Challenging behavior" means those behaviors exhibited by a child which are harmful, destructive, or socially unacceptable and necessitate being addressed in the child's individual service plan.
(3) "Chemical restraint" means the use of a drug or medication that is not a standard treatment for a child's condition to control behavior or restrict the child's movement.
(4) "Children's Cabinet" means those agencies directed by Executive Order:
(a) To examine Maryland's system of services to children and their families; and
(b) To facilitate ongoing improvements to this service delivery system.
(5) "Critical incident" means:
(a) The death of a child or staff while on duty;
(b) An emergency room visit that is the result of a level 3 injury;
(c) An unplanned hospital admission;
(d) An unauthorized absence of any duration that constitutes and immediate danger to self or others; or
(e) Any programmatic, public health, or physical plant issue that could endanger or require the removal of children for reasons of health or safety.
(6) "Custodial agency" means the agency having primary legal responsibility, which may result from an order of shelter, commitment, limited guardianship, full guardianship, and voluntary placement, both time limited and child with disabilities, for the child in placement.
(7) Direct Care Staff.
(a) "Direct care staff" means staff assigned to perform direct responsibilities related to activities of daily living, self-help and socialization skills.
(b) "Direct care staff" does not include human services professionals, except when a human services professional is specifically assigned to perform the duties of direct care staff as specified in Regulation .06B(1) of this chapter.
(8) "Full-time employee" means an individual employed by the licensee for at least 35 hours a week.
(9) Functional Behavior Assessment.
(a) "Functional behavior assessment" means the systematic process of gathering information to guide the development of an effective and efficient behavior treatment plan for the problem behavior.
(b) "Functional behavior assessment" includes the:
(i) Identification of the functions of the problem behavior for the resident;
(ii) Description of the problem behavior exhibited in the residential setting; and
(iii) Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.
(10) "Human services professional" means:
(a) A social worker licensed under Health Occupations Article, Title 19, Annotated Code of Maryland;
(b) A psychologist licensed under Health Occupations Article, Title 18, Annotated Code of Maryland;
(c) A professional counselor certified under Health Occupations Article, Title 17, Annotated Code of Maryland;
(d) A nurse licensed under Health Occupations Article, Title 8, Annotated Code of Maryland;
(e) A psychiatrist licensed under Health Occupations Article, Title 14, Annotated Code of Maryland;
(f) A school counselor certified under COMAR 13A.12.03.02 or a school psychologist II certified under COMAR 13A.12.03.10;
(g) An addictions counselor certified as an alcoholism counselor, drug counselor, or chemical dependency counselor; or
(h) For programs serving developmentally disabled children, an individual with a bachelor's degree in a human services field who has a minimum of 1 year of full-time experience working directly with persons with developmental disabilities.
(11) "Individual service plan" means a written description of:
(a) A child's needs;
(b) Goals to be achieved;
(c) Persons and agencies responsible for carrying out the plan;
(d) Participants in the development of the plan; and
(e) Programmatic elements to achieve identified goals, including:
(i) Assessments;
(ii) Services;
(iii) Supports; and
(iv) Education and life skills training, as appropriate.
(12) "Isolation" means the involuntary restriction of a child from others for a period of time to a designated area from which the child is not physically prevented from leaving, for the purpose of providing the child with an opportunity to gain behavioral control.
(13) "Mechanical restraint" means any mechanical device that restricts the free movement of an individual.
(14) "Permanency plan" means a design for services articulated by the placing agency that specifies:
(a) Where and with whom a child shall live; and
(b) The proposed legal relationship between the child and the child's permanent caretaker.
(15) "Physical restraint" means the use of physical force, without the use of any device or material, to restrict the free movement of all or a portion of a child's body, not including:
(a) Briefly holding a child in order to calm or comfort the child;
(b) Holding the child by the hand or arm to escort the child safely from one area to another;
(c) Moving a disruptive child who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or
(d) Breaking up a fight.
(16) "Positive behavioral interventions, strategies, and supports" means the application of affirmative program and resident specific actions and assistance to encourage emotional and behavioral success.
(17) "Program administrator" means the individual, regardless of title, who is designated by the licensee's governing body as having the day-to-day responsibility for the overall administration and operation of a program and for assuring the care, treatment, safety, and protection of children.
(18) "Prone restraint" means being held face down.
(19) Protective or Stabilizing Device.
(a) "Protective or stabilizing device" means any device or material attached or adjacent to the resident's body that restricts freedom of movement or normal access to any portion of the resident's body, for the purpose of enhancing functional skills, preventing unintentional harm to self or others, or ensuring safe positioning of an individual.
(b) "Protective or stabilizing device" is limited to:
(i) Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer;
(ii) Seat belts; or
(iii) Other safety equipment to secure residents during transportation.
(20) "Restraint" means a technique that is implemented to impede a child's physical mobility or limit free access to the environment, including to chemical, mechanical or physical restraints.
(21) "Seclusion" means the confinement of a resident alone in a room from which the resident is physically prevented from leaving.
(22) "Senior program personnel" means the individual designated by the facility to act in a supervisory capacity on each shift.
(23) "Staff" means paid employees of a licensee.
(24) "Structural barrier" means any inanimate object.
(25) "Time out" means the removal of a resident to a supervised area, which is unlocked and free of structural barriers, to prevent egress for a limited period of time during which the resident has an opportunity to regain self-control and is not participating in program activities or receiving program personnel support.