Current through Supplement No. 394, October, 2024
1.
Governing body. The applicant
must have a governing body that designates or assigns responsibility for the
operation, policies, program, and practice of the facility. The governing body
shall:
a. Define:
(1) The facility's philosophy;
(2) The facility's purpose;
(3) The facility's function;
(4) The geographical area served by the
facility;
(5) The ages and types of
children accepted for care by the facility; and
(6) The clinical disorders addressed by the
facility's program;
b.
Ensure that all policies and procedures required by this chapter are in writing
and on file at the facility and are accessible to all employees, family
members, and residents;
c. Develop
a records retention policy and procedures consistent with state and federal
law;
d. Assure that all vehicles
transporting children are:
(1) Subject to
routine inspection and maintenance;
(2) Licensed by the state motor vehicle
department;
(3) Equipped with
seatbelts for every passenger;
(4)
Equipped with a first-aid kit and a fire extinguisher;
(5) Carrying no more individuals than the
manufacturer's recommended maximum capacity;
(6) Disability accessible where appropriate;
and
(7) Driven by an individual who
holds a valid driver's license, of a class appropriate to the vehicle driven,
issued by the driver's jurisdiction of residence; and
e. Obtain sufficient insurance, including:
(1) Liability insurance covering bodily
injury, property damage, personal injury, professional liability; and
(2) Automobile or vehicle insurance covering
property damage, comprehensive, collision, uninsured motorist, bodily injury,
and no fault.
2.
Quality improvement. The
applicant and facility shall implement a quality improvement program. The
applicant and facility shall submit the quality improvement program and
evaluations of the program to the department for review at a minimum of every
six months. The applicant shall create policies and procedures and have them in
place to implement its facility's quality improvement program. The facility
must monitor and evaluate the quality and appropriateness of care of children,
and identify performance indicators that will be monitored to assess the
program's effectiveness. The quality improvement program must include:
a. A plan for child and employee safety and
protection;
b. A method to evaluate
personnel performance and the utilization of personnel;
c. A plan to ensure the facility accesses and
maintains copies of the current license of all employees, contract workers, and
consultants when relevant for that individual's role or function;
d. A system of credentialing, granting, and
withholding employee privileges;
e.
A method to review and update policies and procedures assuring the usefulness
and appropriateness of policies and procedures;
f. A method to review the appropriateness of
admissions, care provided, and employee utilization;
g. A plan for the review of individual
treatment plans that ensures compliance with paragraph 3 of subdivision b of
subsection 3 of section
75-03-17-05;
h. A plan for program evaluations that
includes measurements of progress toward the facility's stated goals and
objectives; and
i. A method to
evaluate and monitor standards of resident care.
3.
Outcomes and data collection.
The department shall require a facility to engage in data management practices
to collect and report outcomes every six months. Data collection efforts will
offer facilities a continuous quality improvement process that measures and
monitors the safety, wellbeing, and service delivery provided to children in
placement. Facilities must have written policy to identify a plan to implement,
collect, and measure outcomes data requirements. The policy must also include
how a facility will respond to identified data outcomes by utilizing one or
more facility improvement plans every six months.
4.
Children's case records. The
facility shall establish and implement policies and procedures to ensure the
facility maintains a confidential record for each child which must be current
and reviewed monthly. Each record must contain:
a. An application for service;
b. A social history;
c. A release of information and medical
treatment consent form signed by a person who may lawfully act on behalf of the
child and any consent for the use of psychotropic medications as required under
subdivision d of subsection 10 of section
75-03-17-07;
d. The name, address, and telephone number of
individuals to be contacted in an emergency;
e. Reports on medical examinations, including
immunizations, any medications received, allergies, dental examinations, and
psychological and psychiatric evaluations which occurred prior to the
placement;
f. An explanation of
custody and legal responsibility for the child and relevant court documents,
including custody or guardianship papers;
g. Documentation on all medical examinations,
including immunizations, all medications received, allergies, dental
examinations, and psychological and psychiatric evaluations received during
placement;
h. Documentation of
medical care given during placement as a result of an admission to the hospital
or inpatient care, including:
(1)
Hospitalization admission and discharge records to include history and
physical;
(2) Medications
administered, with the quantity, directions, physician's name, date of issue,
and name of the pharmacy indicated; and
(3) Significant illnesses or accidents;
i. Records of the annual
medical examination required under section
75-03-17-07; and
j. A written agreement between a person who
may lawfully act on behalf of the child and the facility and a record that the
person who acted on behalf of the child received a copy. The agreement must
include:
(1) A statement as to who has
financial responsibility;
(2) How
payments are to be made to cover the cost of care;
(3) Which items are covered by the normal or
regular facility charges for care;
(4) Medical arrangements, including the cost
of medical care;
(5) Visiting
arrangements and expectations;
(6)
Arrangements for clothing and allowances;
(7) Arrangements for therapeutic
leave;
(8) Regulations about gifts
permitted;
(9) Arrangements for
participation by the person who acted on behalf of the child through regularly
scheduled interviews with designated employee;
(10) The facility's policy on personal
monetary allowance to be provided to the child at the facility;
(11) Records of special treatment orders;
and
(12) Educational arrangements
agreed upon discharge.
