Transcript Southside Community Services - Behavioral and Mental Health

Southside Community Services
Human Rights: Putting the pieces together
Who is covered under these regulations?
• The Human Rights regulations
apply only to persons, entities,
or organizations offering
services that are licensed,
funded, or operated by the
Department of Behavioral
Health and Developmental
Services.
• Southside Community Services
Board is licensed by the
Department, therefore these
regulations apply to all
individuals receiving their
services.
persons
entities
organizations
clients
employees
you
Understanding Human Rights
• Human Rights does not have to be difficult to understand.
Today you are putting the pieces together!
• Some of the basic concepts are dignity, respect, being able to
participate in decision making, confidentiality, and the
complaint process.
dignity
participation
respect
decision
making
confidentiality
complaint
process
Dignity and Respect
• Individuals have numerous
rights under the Human
Rights regulations that
relate to how they are
treated.
• Everyone should be treated
with dignity and respect.
This means treating people
in a way that says they are
valued.
• This means treating others
the way you want to be
treated.
• Everyone is equal.
Abuse, Neglect, and Exploitation
• Everyone that works for
Southside Community
Services has the
responsibility to ensure that
individuals are not abused,
neglected, or exploited.
• That means you! You are an
important piece of the
puzzle.
Abuse
• Abuse means any act or
failure to act by an
employee or other person
responsible for the care of
an individual that was
performed or was failed to
be performed knowingly,
recklessly, or intentionally
and that caused or might
have caused physical or
psychological harm, injury,
or death to an individual
receiving services.
Neglect
• Neglect means the failure by
an individual, program or
facility responsible for
providing services to provide
nourishment treatment,
care, goods, or services
necessary to the health,
safety or welfare of a
person receiving care or
treatment for a mental
illness, an intellectual
disability, or substance
abuse.
Exploitation
• Exploitation means the
misuse or misappropriation
of an individual’s assets,
goods, or property and is
considered as a form of
abuse.
Employees should not put themselves in any position that would give the
impression or perception of exploiting an individual receiving services.
Reporting Requirements
• All employees and
volunteers are required by
regulations to report
suspected abuse, neglect,
and exploitation to the
Executive Director.
• The SCSB Human Rights
Policies manual gives more
information about the
correct forms to use.
How We Interact
• Language that demeans,
threatens, intimidates, or
humiliates an individual is
considered as a form of abuse.
• Use of a more restrictive or
intensive services or denial of
services to punish an individual
that is not consistent with
his/her Individualized Services
Plan is considered as a form of
abuse.
Restrictions
• A restriction is anything
that limits or prevents an
individual from freely
exercising his rights and
privileges.
• We must not limit or
restrict an individual’s
freedom more than is
needed to achieve a
therapeutic benefit.
Therapeutic Benefit
• Therapeutic Benefit is defined
as anything that is considered
healing to the individual. Any
form of service delivery,
including (but not limited to)
language used, relationships
and boundaries with
individuals, and activities
facilitated, are to be conducive
to good health of body and
mind, providing a healthful
environment and a healthy
climate for individuals
receiving services.
Therapeutic Benefit
continued…
• Therapeutic benefit is
anything that is said or
done that promotes well
being, improves, and
contributes to the welfare of
an individual receiving
services. Therapeutic
benefit is always positive for
the individual.
Limitations
•
There are times when limiting an individual’s
rights may be necessary. These include:
1.
Limiting access to an individuals
record, when that access would be
mentally or physically harmful to the
individual.
(minors need to have their parents or
legal guardian’s permission to access
their records)
Limitations
continued…
• In some settings, such as
residential programs, an
individual’s participation in
religious services or practices
may be limited. (see SCSB
Human Rights Policies for
details)
• An individual’s use of the
telephone may be limited to
certain times and places. (see
SCSB Human Rights Policies
for details)
Rules of Conduct/Program Rules
•
Residential programs and Day
programs have rules that everyone
must follow. These are referred to
as Rules of Conduct, or Program
Rules.
•
These rules must be submitted to
the Local Human Rights Committee
for review before putting them into
effect.
•
Changes to these rules must also be
reviewed by the Local Human
Rights Committee.
•
Rules of Conduct/Program Rules
must be posted in each agency
facility.
Work
• Personal maintenance and
personal housekeeping by
individuals in residential
settings is allowed, without
compensation.
• Compensation is made when
an individual has been
identified to perform a service
that would ordinarily be
considered as a valid work
related position.
Seclusion, Restraint, & Time Out
•
There are times when seclusion
and restraint may be necessary.
Employees should refer to the
SCSB Policies governing the use of
seclusion and restraint.
•
Time out is not allowed in any
SCSB services setting.
•
Time out, seclusion, and restraint
may be used in other programs
and settings that are licensed,
funded or operated by the
Department of Behavioral Health
and Developmental Services.
Seclusion & Restraint Requirement:
• All behavioral plans using
seclusion and restraint must
be reviewed in advance by
the Local Human Rights
Committee.
• Behavioral Plans must be
signed by the individual and
the individual’s authorized
representative if he/she has
one.
Individuals Have the Right To
• Participate in decisions
regarding their services and
ISP
• To give or not give consent
for treatment of any kind
• Have all information that is
kept or known about him
remain confidential
• To have help to read and
understand their services
and to provide corrections
to their records
• The freedoms of everyday
life that are consistent with
his/her need for services
Individuals Have the Right To
continued..
• To participate in human
research
• To seek informal resolution
to a complaint
• To have visitors and to
refuse visitors
• To file a human rights
complaint
Notification of Rights
• Individuals receiving services
need to be notified of their
rights and these regulations.
• Notification of these rights
by individuals must be
signed and placed in the
individual’s record.
No One Loses
• Individuals keep their legal,
civil and human rights
when they come into our
agency’s services settings.
• No one loses any of their
basic rights as a result of
seeking and obtaining our
services.
Participate in Decision Making
•
Staff must document in the
individual’s services record that
they have provided opportunities
and assistance needed for an
individual to participate in all
areas of services.
•
Treatment teams must offer
individuals choices and
alternatives to proposed
treatment/services plans and
comply with their wishes when
possible.
•
All entries in an individual’s
services record must be authentic,
timely, accurate and pertinent.
Release of Confidential Information
• Informed consent is needed to
disclose information that
identifies an individual
receiving services.
• Although individuals are
encouraged to name family
members, friends, and others
who may be told of their
presence and general
condition, written consent
must be obtained and
documented in the individual’s
record, prior to the giving
information.
Release of Confidential Information
continued…
• Consent to release information
must be in writing and
obtained before giving out
information.
• In emergencies, to prevent
injury or death, information
may be disclosed without
consent.
• Information may be disclosed
to the State Human Rights
Committee, and/or the Local
Human Rights Committee
without consent.
Authorized Representatives
• Authorized Representatives
are persons willing and able
to act in the best interests
of an individual when that
individual has been
determined to lack the
capacity to give informed
consent. (see SCSB Human
Rights Policies for more
information)
Authorized Representatives
continued…
• As a general rule, employees
cannot serve as an
authorized representative.
However, the Human Rights
regulations do allow
program staff to serve as an
authorized representative of
an individual, if they are a
relative or legal guardian of
the individual.
Decisions Requiring Informed Consent
• For SCSB, informed consent is
needed for:
• Consent to treatment
• Release of confidential
information
• Use of psychotropic
medications
• Any risk that is greater than
that of ordinary daily life
Next Friend
•
A “next friend” serves in the
same capacity as an Authorized
Representative when there are no
family/relatives to do so. A “next
friend” must meet the criteria as
outlined in the SCSB Human
Rights Policies.
•
A “next friend” appointment
requires the “next friend” to
appear before the Local Human
Rights Committee to accept the
responsibility of being an
authorized representative.
The Complaint Process
• A complaint may be
considered as informal or
formal. The individual
making the complaint may
decide which process they
wish to follow.
• Staff must not stop an
individual from filing a
complaint or providing
assistance to file a
complaint.
The Complaint Process
• The Executive Director/program
Supervisor, or their designee can
resolve an informal complaint.
• Informal complaints are resolved
to the satisfaction of the
individual within 5 working
days.
• A complaint is considered
informal when a resolution is
achieved without having to
involve the Regional Human
Rights Advocate.
continued…
The Complaint Process
continued…
•
If a complaint is not resolved within
five working days, the informal
complaint becomes a formal
complaint.
•
Formal complaints may involve the
Regional Human Rights Advocate,
the Local Human Rights Committee
and the State Human Rights
Committee.
•
The formal complaint process
involves time frames for action on
the part of the individual and
others involved.
•
Individuals have the right to pursue
other legal remedies.
True or False
• It is often heard that an
individual receiving services has
the ability to get an employee
fired. What do you think?
• The correct answer is FALSE.
Each employee is responsible for
their own behavior. Failing to
conduct ourselves in a
professional manner to achieve
therapeutic benefit, may get us
in trouble!
Working Together
•
When we all work together, for the
benefit of the individuals that we
serve, actively demonstrating
dignity and respect, we can reduce
or eliminate complaints.
•
Each of us plays a role in making
Southside Community Services
Board the best that it can be.
•
Employees are encouraged to
question anything that does not
seem right.
•
Open communication is important
in the provision of therapeutic
service delivery.
Human Rights Contacts:
• Executive Director:
Donald Burge
434-572-6916
• SCSB Human Rights Advocate:
Dee Holland
•
434-738-0406 Ext. 304
Regional Human Rights Advocate:
Beverly Garnes
804-524-7479
or
(CVTC)866-645-4510