Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Job descriptions.
The license holder must have written job descriptions for all
position classifications and post assignments that define the responsibilities,
duties, and qualifications staff need to perform those duties. The job
descriptions must be readily available to all employees.
Subp. 2.
Professional licensure.
The license holder must keep records showing that staff
professional licensure is current.
Subp.
3.
Staffing plan.
The license holder must prepare and obtain approval from the
commissioner of human services or corrections of a written staffing plan that
shows staffing assignments and meets the needs of the residents in placement.
The license holder must use the criteria in items A to J to develop the
facility's staffing plan.
A. The
license holder must designate a chief administrator of each facility.
B. In the temporary absence of the chief
administrator, a staff person must be designated as a person in charge of the
facility.
C. The license holder
must designate a program director of the facility. A program with more than 24
residents must have a full-time program director.
D. The license holder must not assign staff
who supervise residents in a manner that invades the privacy of residents or
embarrasses or diminishes the dignity of residents by requiring staff of the
opposite gender to perform the duties in subitems (1) to (4):
(1) strip searches;
(2) witnessing or assisting at internal body
searches;
(3) direct visual
supervision of residents during showers or lavatory use; and
(4) assisting a resident with a personal
hygiene activity if assisting the resident with the hygiene activity would
require the staff person to view the resident unclothed or to touch the
genitals, buttocks, or breasts of the resident.
E. The written staffing plan must include a
contingency plan that ensures an immediate response by on-call staff of the
same gender as the resident when:
(1)
supervision of a resident by staff of the same gender is required under item D,
subitems (1) to (4);
(2) when
necessary to meet the assessed needs of the resident as determined in part
2960.0070, subpart 5, item B,
subitem (2); or
(3) when necessary
to appropriately care for a resident who was a victim of sexual abuse. The
contingency plan must include requirements which ensure that staff will
document and tell other staff about the resident's need for supervision by
staff of the same gender as the resident. The contingency plan must also
require staff to document the actions taken by staff to implement the
contingency plan for supervision of the resident by staff of the same gender.
When the requirements of this item are not fully met, the
license holder must document the circumstances and reasons the requirements
were not met and document what the license holder will do to prevent a
recurrence of the failure to fully meet the requirements of this item. The
documentation of failure to meet the requirements of this item and the
description of what the license holder will do to prevent a recurrence of the
failure must be kept on file at the facility for at least two years or until
the next licensing renewal inspection, whichever period is longer.
F. The license holder
may assign medically licensed staff and purchase the services of persons who
are medically licensed to care for or treat residents of the opposite sex.
However, if a resident asks that a medically licensed person of the same sex
perform the procedures in item D, subitem (2), the license holder must provide
same sex medically licensed personnel to perform the procedures in item D,
subitem (2). Medically licensed personnel must perform the duties in item D,
subitem (2).
G. The minimum number
of direct care staff that must be present and awake when residents are present
and awake is one staff person per 12 residents. At a minimum, one staff person
per 25 residents must be present and awake at all times in the facility when
residents are normally asleep. Programs must meet the requirements of subitems
(1) to (3) if they do not have awake staff at times when residents are normally
asleep:
(1) the program must be operated
according to the houseparent model;
(2) the program must have fewer than 11
residents; and
(3) the program must
have and follow a policy which explains when it will use awake staff to
supervise residents at night. The policy must consider the age and condition
and known or suspected behavior characteristics of the residents.
H. The license holder must
designate one full-time staff person for every 25 residents to coordinate
resident treatment and case plans.
I. The license holder must designate a person
to coordinate volunteer services, if volunteers are used by the facility. The
license holder must have a system for registration and identification of
volunteers. Volunteers who have unsupervised contact with residents must have a
background check. The license holder must require volunteers to agree in
writing to abide by facility policies. Volunteers must be trained and qualified
to perform the duties assigned to them.
J. The staffing plan must be appropriate for
the program services offered to the resident, physical plant features and
characteristics of the facility, and condition of the resident. The license
holder must consider the factors in subitems (1) to (9) when developing the
staffing plan:
(1) the age of the resident
being served;
(2) the resident's
physical and mental health;
(3) the
vulnerability of the resident;
(4)
the resident's capacity for self-preservation in the event of any
emergency;
(5) the degree to which
the resident may be a threat to self or others;
(6) the risk of the resident
absconding;
(7) the gender of the
resident;
(8) the disability of the
resident; and
(9) the number and
types of education service programs offered or coordinated for the
resident.
Subp.
4.
Personnel training.
The license holder must develop an annual training plan for
employees that addresses items A to D.
A. Full-time and part-time direct care staff
and volunteers must have sufficient training to accomplish their duties. The
license holder must determine the amount of training needed by considering an
employee's position description, the tasks to be performed, and the performance
indicators for the position. To determine the type and amount of training an
employee needs, the license holder must also consider the program's target
population, the services the program delivers, and the outcomes expected from
the services.
B. Staff who have
direct contact with residents must complete at least 24 hours of in-service
training per year. One-half of the training must be skill development training.
Staff who do not have direct contact and volunteers must complete in-service
training requirements consistent with their duties, directly related to the
needs of children in their care.
C.
The license holder must provide orientation and training to staff and
volunteers regarding:
(1) culturally competent
care;
(2) racial bias and racism
issues;
(3) gender issues,
including the psychosocial development of boys and girls;
(4) sexual orientation issues; and
(5) physical, mental, sensory, and
health-related disabilities, bias, and discrimination.
D. Part-time direct care staff must receive
sufficient training to competently care for residents. The amount of training
must be provided at least at a ratio of one hour of training for each 50 hours
worked, up to 24 hours of training per part-time employee per year.
