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

respect

participation

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 have visitors and to refuse visitors

• To seek informal resolution to a complaint

• 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 continued…

• 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.

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 804-524-7479or

(CVTC)866-645-4510