DEPARTMENT OF HEALTH AND HUMAN SERVICES  
DIVISION OF CHILD WELFARE LICENSING  
CHILDREN’S SERVICES AGENCY  
JUVENILE COURT OPERATED FACILITIES  
Filed with the secretary of state on June 2, 2020  
These rules take effect immediately upon filing with the secretary of state unless adopted under  
section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL  
24.233, 24.244, or 24.245a.  
Rules adopted under these sections become effective 90 days after filing with the secretary of  
state.  
(By authority conferred on the department of health and human services by sections 1 and 14 of  
the social welfare act, 1939 PA 280, MCL 400.1 and 400.14, and section 2 of 1973 PA 116, MCL  
722.112.)  
R 400.10101 and R 400.10177 are amended in the Michigan Administrative Code, as follows:  
R 400.10101 Definitions.  
Rule 101. (1) As used in these rules:  
(a) “Act” means 1973 PA 116, MCL 722.111 to 722.128, and known as the child care  
organization licensing act.  
(b) "Behavior management" means techniques employed to control behavior in accordance  
with written policy and procedures related to program expectations, child safety, facility  
safety, and security.  
(c) "Chief administrator" means the person designated as having the day-to-day responsibility  
for the overall administration of a facility and for assuring the care, safety, and protection of  
residents.  
(d) "Counseling" means planned opportunities for residents to express their feelings verbally  
with the goal of resolving individual problems. Counseling may be in a one-to-one relationship  
or in a small or large group.  
(e) "Department" means the Michigan department of health and human services.  
(f) "Detention" means the temporary residential care of a juvenile who requires custody in a  
physically restricting facility pending court action or other placement.  
(g)"Direct care worker" means a person who has assigned child care responsibilities and  
provides direct care and supervision of children in a facility.  
(h) "Discipline" means action taken for the sake of training or correction and may include  
punishment.  
May 8, 2020  
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(i) "Employee" means a staff person who is under contract of hire on a full-time or a part-time  
basis at a juvenile facility.  
(j) "Human services degree or field" means a major in a curriculum that is designed to give  
students an understanding of human behavior and to teach them appropriate  
intervention/problem-solving skills on behalf of selected populations.  
(k) "Inspection" means the on-site review of a juvenile facility by the department to determine  
compliance with these administrative rules for a juvenile facility.  
(l) "Juvenile facility," hereinafter referred to as "facility" means a program operated by a  
juvenile court and providing residential care as provided in the social welfare act, 1939 PA 280,  
MCL 400.1 to 400.119b.  
(m) "Medication" means prescription and nonprescription medicines.  
(n) "Parent" means a biological parent, adoptive parent, or guardian.  
(o) "Physical examination" means a thorough evaluation of a patient's current physical  
condition and a medical history conducted by, or under the supervision of, a licensed medical  
professional.  
(p) "Policy" means a definitive, stated course or method of action that guides and determines  
present and future decisions and activities. A policy is a written statement of principles that  
guides the facility in the attainment of objectives. To comply with a rule that requires a policy,  
there must be evidence that a line of action or principle has been adopted and is being followed  
by the facility.  
(q) "Protection" means the continual responsibility of the facility to take reasonable action to  
insure the health, safety, and well-being of a resident while under the supervision of the facility  
or an agent or employee of the facility and includes protection from physical harm,  
humiliation, intimidation, and social, moral, financial, and personal exploitation while on the  
premises.  
(r) "Rated capacity" means the actual number of beds that are available and approved by the  
department for use. This does not include hospital beds, segregation beds, or other spaces used  
only on a temporary basis.  
(s)"Resident" means a child who is admitted to and resides in a facility.  
(t) "Resident confinement room" means a locked or unlocked room or area that is approved by  
the licensing authority for the seclusion or retention of a resident.  
(u) "Residential treatment facility" means a facility that has established a goal-oriented  
intervention program to provide post-dispositional residential care.  
(v) "Resident record" means the individual file kept by a facility concerning a child who has  
been placed at the facility.  
(w) "Resident restraint" means the use of material, mechanical, medical, or physical techniques  
for restricting a resident's behavior or movement.  
(x) "Secure facility" means a facility, or portion thereof, other than a resident confinement  
room, that is used to retain residents in custody. Outside doors usually have locks that prevent  
egress from the building.  
(y) "Shelter care facility" means a facility that provides care for residents pending court action  
or other placement planning.  
(z) "Social service supervisor" means a person who supervises a social service worker.  
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(aa) "Social worker" means a person who works directly with residents, their families, and  
other relevant individuals and who is primarily responsible for the development, implementation,  
and review of service plans for the resident. This definition shall not be interpreted to prevent a  
team approach to service plan development and implementation.  
(bb) "Training" means any of the following:  
(i) Formal classroom instruction.  
(ii) Recognized courses provided through other means.  
(iii) On-the-job training under the direction of an instructor.  
(iv) Meetings or conferences that include agendas and instruction by instructors.  
(v) Other instructional programs that include a trainer-trainee relationship.  
(cc) "Volunteer" means a person who donates his or her time in activities at a juvenile facility.  
(2) A term defined in the act has the same meaning when used in these rules.  
R 400.10177 Resident restraint; pregnant youth.  
Rule 177. (1) The facility shall establish and follow written policy and procedures  
specifying the use of resident restraint.  
(2) The written policy must limit the uses of resident restraint to the following:  
(a) As a precaution against escape during transfer.  
(b) For medical reasons by direction of the medical officer.  
(c) To prevent self-injury, injury to others, or property damage.  
(3) The written resident restraint policy must prescribe the maintenance of  
written records of the routine and emergency distribution and use of restraint equipment.  
(4) Restraint equipment and physical restraint techniques must not be used for  
punishment.  
(5) Resident restraint must only be applied for the minimum time necessary to  
accomplish the purpose for its use as specifically permitted in subrule (2) of this rule and  
must only be applied with the approval of the facility administrator or administrative  
designee. Approval must be obtained within 20 minutes after the restraint has been  
initiated.  
(6) Subrules (7) and (8) of this rule apply to those public or private licensed child caring  
institutions for which the primary purpose is to serve juveniles that have been accused or  
adjudicated delinquent for having committed an offense, other than a juvenile accused or  
adjudicated under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL  
712A.2.  
(7) Mechanical restraints must not be used on pregnant youth, including youth who are in  
labor, delivery, and post-partum recovery, unless credible, reasonable grounds exist to believe  
the youth presents an immediate and serious threat of hurting self, staff, or others.  
(8) The following restraints are prohibited for use on pregnant youth unless reasonable grounds  
exist to believe the youth presents an immediate and credible risk of escape that cannot be  
reasonably minimized through any other method:  
(a) Abdominal restraints.  
(b) Leg and ankle restraints.  
(c) Wrist restraints behind the back.  
(d) Four-point restraints.  
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(9) A staff member shall be present continuously while material or mechanical restraint  
equipment is being used on a resident.  
(10) Each use of material or mechanical restraint equipment shall be documented  
in a written record and shall include all of the following information:  
(a) The name of the resident.  
(b) The name of the administrator or designee who authorized the use of the  
equipment, and the time of the authorization.  
(c) The time the restraint equipment was applied.  
(d) The name of the staff member who was responsible for the application.  
(e) A description of the specific behavior that necessitated its use.  
(f) The name of the staff person who was continuously with the resident.  
(g) The date and the time of removal of the equipment and the name of the person  
removing the equipment.  
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