37.98.102    DEFINITIONS

The following definitions apply to this subchapter:

(1) "Administrative office" means the office where business operations, public relations and management procedures take place.

(2) "Administrator" means the person designated on the facility application or by written notice to the department as the person responsible for the daily operation of the facility and for the daily resident care provided in the facility.

(3) "Case plan" means an individualized plan of services to be provided to each youth, based on his or her identified treatment needs, designed to help him or her reach treatment goals.

(4) "Child abuse or neglect" is that as defined at 41-3-102 , MCA.

(5) "CPR" means cardiopulmonary resuscitation.

(6) "Contraband" means any item possessed by a youth or found on the program's premises that is illegal by law or expressly prohibited by the program. Such items include, but are not limited to, weapons, illegal or unauthorized drugs, drug paraphernalia, intoxicants and flammable items.

(7) "Debrief" means to interview youth and staff members following the use of physical restraint, or following any other incident or occurrence in which it is necessary or helpful for the program to obtain information from youth and staff members.

(8) "Department" means the Montana department of public health and human services.

(9) "Direct care staff" means program personnel who directly participate in the care, supervision and guidance of youth in an outdoor behavioral program, including the field director, senior field staff and field staff.

(10) "Expedition" means an excursion undertaken for specific treatment purposes that takes the youth away from the field office.

(11) "Expedition camp" means a nonpermanent campsite. Youth and staff may move from one expedition camp to another when on expedition.

(12) "Field office" means the office where all coordination of expedition operations takes place.

(13) "Global positioning system (GPS) receiver" means a receiver which receives signals from a network of satellites known as the global positioning system, or GPS, which identifies the receiver's location by:

(a) latitude;

(b) longitude; and

(c) altitude to within a few hundred feet.

(14) "High adventure activity" means an outdoor activity provided to youth for the purposes of behavior management or treatment and which requires specially trained staff and special safety precautions to reduce the possibility of an accident or injury.

(15) "Illegal contraband" means items or substances the possession of which by a youth constitute a violation of state or federal law.

(16) "Lead clinical staff member (LCS) " is a licensed clinical psychologist, a licensed clinical social worker or a licensed professional counselor. The LCS is responsible for the supervision and overall provision of treatment services to youth in the program.

(17) "Leave no trace principles" means wilderness and land use ethics designed to minimize the impact of visitors to back country areas.

(18) "Licensed health care professional" is defined at 50-5-101 , MCA.

(19) "Mechanical restraint" is any object or apparatus, device or contraption applied or affixed to the youth to limit movement, and includes, but is not limited to:

(a) handcuffs;

(b) leg irons;

(c) soft restraints such as cloth ties for limbs or waist, safety vests, hand mitts and protection nets;

(d) restraint chairs; or

(e) straight jackets.

(20) "Near miss" means an unplanned, unforeseen or potentially dangerous situation where safety was compromised but that did not result in injury.

(21) "Nonviolent crisis intervention strategies" mean preventive measures that are used to manage the behavior of the youth and include the use of de-escalation techniques, physical assists and physical restraints.

(22) "Physical assist" is a behavioral control technique by which a staff member physically aids or supports youth who are not physically resisting.

(23) "Physical restraint" means any physical method of restricting a person's freedom of movement that prevents the person from independent and purposeful functioning. This activity includes seclusion, controlling physical activity, or restricting normal access to the body.

(24) "Placing agency" means any corporation, partnership, association, firm, agency, institution or person who places or arranges for placement of any youth with a program.

(25) "Practitioner" is defined at 50-5-101 , MCA.

(26) "Program" means outdoor behavioral program as defined at 50-5-101 (40) , MCA.

(27) "Residential outdoor services" means services provided by a program to youth at designated stationary sites including permanent buildings where the youth reside.

(28) "Seclusion" is a behavioral control technique involving locked isolation. The term does not include time outs.

(29) "Serious incident" means:

(a) a suicide attempt;

(b) the excessive use of physical force by staff;

(c) assault of a youth by residents or staff, including sexual assault;

(d) injury to a youth which requires medical attention;

(e) the death of a youth; or

(f) known or suspected abuse or neglect of a youth by staff or youth.

(30) "Solo experience" means separation of a youth from the group as part of the outdoor therapeutic process, not including a time out.

(31) "Time out" means imposed separation of a youth from any group activity or contact as a means of behavior management.

(32) "Wilderness first responder" means a licensed first responder with the medical training course for outdoor professionals as offered by the national association of search and rescue.

(33) "Youth" means a youth 13 through 18 years of age, who may be admitted to or is a participant in an outdoor behavioral program.

History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.