A. Each holding
facility must have a manual that includes the written policies and procedures
for operating and maintaining the facility holding people involved in the civil
commitment process or those awaiting transportation to a certified/licensed
mental health facility. Written policies and procedures must include specific
details for implementation and documentation of duties and functions, so that a
new employee or someone unfamiliar with the operation of the holding facility
and services would be able to carry out necessary operations of the holding
facility.
B. The policies and
procedures must:
1. Be reviewed annually by
the governing authority of the county, with advice and input from the CMHC, as
documented in the governing authority meeting minutes.
2. Be updated as needed, with changes
approved by the governing authority before they are instituted, as documented
in the governing authority meeting minutes.
3. Be readily accessible to all employees
providing services to people in the holding facility, with a copy at each
service delivery location.
4. As
applicable, have a copy of the Memoranda of Understanding or contract between
the holding facility and the CMHC to describe how mental health services will
be provided while people are being held in the holding facility.
C. A personnel record for each
employee and contractual employee, as noted below, must be maintained, and must
include, but not be limited to:
1. The
application for employment, including employment history and
experience.
2. A copy of the
current Mississippi license or certification for all licensed or certified
personnel.
3. A copy of college
transcripts (official copy), high school diploma, or GED equivalent, and/or
appropriate documents to verify that educational requirements of the job
description are met.
4.
Documentation of an annual performance evaluation.
5. A written job description that shall
include, at a minimum:
(b) Responsibilities of the
job; and
(c) Skills, knowledge,
training/education, and experience required for the job.
6. For contractual employees, a copy of the
contract or written agreement which includes effective dates of the contract,
and which is signed and dated by the contractual employee and the director of
the holding facility or county supervisor.
7. A national criminal history background
check must be obtained on all employees, volunteers, and interns who work with
people being served in the Designated Mental Health Holding Facility.
Documentation must be maintained in the personnel file that no information was
received which would exclude the employee/volunteer/intern, as outlined in any
applicable laws. (Reference Source, as applicable: Miss. Code Ann. §
43-11-13 outlines information
about disqualifying events and conditions for applicable entities.
Specifically, according to Miss. Code Ann. §
43-11-13, an individual may not be
eligible for employment if the criminal history record check discloses a felony
conviction, guilty plea or plea of nolo contendere to a felony of possession or
sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex
offense listed in Miss. Code Ann. §
45-33-23 (h),
child abuse, arson, grand larceny, burglary, gratification of lust or
aggravated assault, or felonious abuse and/or battery of a vulnerable adult
that has not been reversed on appeal or for which a pardon has not been
granted. This law also allows for mitigating circumstances to be illustrated
with a disqualifying conviction).
8. The criminal records background check
should, at a minimum, include the following registry checks/components:
(a) Prior convictions under the Vulnerable
Adults Act;
(b) Child Abuse
Registry Check;
(c) Mississippi
Nurse Aide Abuse Registry;
(d) The
Office of the Inspector General's (OIG) Exclusion Database; and
(e) Fingerprints must be run as part of the
background check.
9.
Criminal Records background checks, including the registry checks/components
listed above, and child abuse central registry checks must be completed before
contact with people being served in the Designated Mental Health Holding
Facility as required by the agency provider's policies and
procedures.
10. Proof of background
checks may be documented via the employee, volunteer, or intern authorization
of the fingerprinting and background check in writing, and a letter notifying
the employee/volunteer/intern that the check was completed and that there were
no disqualifying events, or other documentation as approved by DMH.
11. If the facility desiring to obtain
DMH-certification as a Designated Mental Health Holding Facility has an
alternative, acceptable (as determined by DMH) means for completing criminal
records background checks, then the holding facility applicant should notify
DMH to obtain approval for such.
D. Each holding facility shall have written
procedures for admission of people who have been involuntarily civilly
committed and are awaiting transportation. These procedures shall include, but
not be limited to, the following:
1. Make a
complete search of the person and their possessions.
2. Properly inventory and store person's
personal property.
3. Require any
necessary personal hygiene activities (e.g., shower or hair care, if
needed).
4. Issue clean, laundered
clothing or appropriate garments (e.g., ligature/harm risk reduction
garments).
5. Issue allowable
personal hygiene articles.
6.
Perform health/medical screening.
7. Record basic personal data and information
to be used for mail and visiting lists.
8. Provide a verbal orientation of the person
to the holding facility and daily routines.
Miss. Code
Ann. §
41-4-7