| |
OKLAHOMA |
|
Standard or
Definition
|
OKDHS Policy
Chapter 340
|
|
Restraint
Definition
|
Physical force is defined as the touching of a resident
for the purpose of restricting or compelling behavior to achieve compliance.
|
|
Restraint
Exclusions
|
- Touching a resident, such as placing a hand on the arm
or shoulder, for the purpose of guiding the resident or regulating her
behavior is not considered physical force.
- Emphasizing a passive restraint system for managing
nonaggressive and aggressive residents is the goal so the resident's capacity
for internal control is maximized. The technique of Escorting which is,
"Walk behind and slightly to one side with one of your hands above the
elbow of and around the resident lightly holding forearm", is not considered
physical force.
|
|
Chemical Restraint
Definition
|
None.
|
|
Seclusion
Definition
|
No definition given directly, but it seems that Oklahoma
refers to seclusion as “room restriction”.
|
|
Seclusion
Exclusions
|
None.
|
|
Criteria for
Restraint and Seclusion
|
In the absence of clear and strong
justification to the contrary, the use of physical force must be preceded by
reasonable efforts to exercise authority by alternative means such as
physical presence of staff, gestural skill (i.e., use of hands, face and body
movements), and verbal interventions (i.e., use of tone, pitch, volume,
content and speed of speech).
The use of physical force may be justifiably
determined necessary only in the following circumstances:
- When force is necessary to
repel or prevent a physical attack upon oneself or others, the physical force
used by an employee must be either defensive in nature or in the manner of a
physical restraint;
- To separate residents who
are fighting - a staff member may restrain a resident involved in a physical
altercation (where serious risk of injury exists or greater force is
required, law enforcement personnel should be summoned for assistance); or
- To
restrain residents in danger of inflicting harm to themselves or others -
physical force may be used by a staff member to restrain a resident whose
behavior endangers herself and/or others (it is presumed that a resident is
endangering herself and/or others when the resident is presently committing a
serious criminal act).
The use of the least force necessary under the
circumstances, employed only as the last alternative, is permitted solely
under these guidelines. The following acts relating to the use of physical
force are expressly prohibited;
- Use of physical force as
punishment or sanctions;
- Use of physical force as a
retaliatory response;
- Encouraging or knowingly
permitting any person to use unauthorized force against a resident;
- Threatening a resident with
physical force which would be unauthorized if used; and
- Provoking
physical confrontation by taunting, harassing or cursing a resident, or
otherwise manipulating a resident into activities which would justify
physical force.
Group home employees are prohibited from using
mechanical restraints of any type or chemical agents for purpose of control.
Unauthorized or excessive use of physical
force may result in disciplinary action, including termination of employment.
Only if a resident's behavior is dangerous to
others, or to herself, is restriction to her unlocked bedroom for "cooling
off" period considered.
|
|
Monitoring
Requirements
|
During room restriction, staff will have
contact with the resident at least once every 15 minutes.
|
|
Ordering and
Initiation
|
None.
|
|
In-person
Assessment
|
None.
|
|
Debriefing
|
A grievance procedure, including an appeals
process, has been established by the Department to expedite resolution of
grievances of custody youth. Staff of the group homes will be responsible for
execution of these procedures.
At the time of room restriction, the resident will be
provided the reasons for and length of restriction and given an opportunity
to explain the behavior which led to the restriction. Room restriction will
not exceed one hour and will be terminated when the causal threat is no
longer apparent. The resident should participate in this determination.
|
|
Family &
Guardian Notification
|
None.
|
|
Notification of
Rights and Restraint and Seclusion Policies and Procedures at admission
|
A case plan will be written for each resident
which will include measurable criteria of expected behavior and
accomplishments and a time schedule for achievement. The case plan will be
produced no later than 30 working days following admission. The initial case
plan and any subsequent changes will be reviewed with and signed by the
resident group home social worker. The total case plan will be reviewed and
revised every six months in written format. The child's local worker will be
encouraged to participate in all treatment planning while the child is in
residence.
|
|
Training
|
The use of mechanical restraints and the use
of medication for behavior management are prohibited in DHS operated and in
DHS contracted programs. The use of physical force is permitted when it is
necessary for the protection of the child or others consistent with an
approved passive physical restraint curriculum. The passive physical
restraints curriculum includes:
- graded alternatives using a
combination of psychological and physical techniques with emphasis toward:
- the reduction of injury;
- de-escalation of the
situation; and
- elimination of abuse to
persons with acting out behavior; and
- the
physical contact aspects of the system are utilized only when the child’s
behavior poses an immediate danger or threat of danger to self or others and
other methods have been exhausted.
|
|
Documentation
|
OCA ensures the quality of grievance systems
by establishing minimum standards and through an ongoing monitoring program.
The advocate general and OCA staff have immediate and unlimited access to
clients, staff, and facility files, records, and documents relating to
grievance procedures and practices.
|
|
Reporting
|
If the advocate general determines a
deficiency exists in the grievance system of a facility or provider, the
advocate general sends a report of deficiency to the administrator and, where
applicable, to the state office administrator.
The advocate general may, on behalf of any or all clients
served by the grievance policy in this Section, originate a grievance. An
advocate general grievance is filed with the administrator or the state
office administrator.
|
|
Quality Improvement
|
None.
|
 Back to Top  Printer-friendly Page  Contact Us
|
|
