The Quest TFS Program Pathways IIHS
CLIENT RIGHTS HANDBOOK
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TABLE OF CONTENTS
SECTION / TITLE / PAGESSECTION 5.09 / GRIEVANCE PROCEDURE FOR YOUTH
SECTION 5.10 / CLIENT RIGHTS REPORTING
SECTION 5.20 / SUSPENSION AND EXPULSION POLICY
SECTION 5.30 / SEARCH AND SEIZURE POLICY
SECTION 5.40 / INTERNAL REVIEW OF YOUTH QUEST CLIENT RIGHTS
SECTION 5.50 / INFORMATION FOR CLIENTS
SECTION 5.60 / SOCIAL INTEGRATION
SECTION 5.70 / CLIENT SELF-GOVERNANCE
SECTION 5.80 / INFORMED CONSENT
SECTION 5.90 / PROTECTION FROM HARM, ABUSE, NEGLECT, OR EXPLOITATION
SECTION 5.100 / LEAST RESTRICTIVE ALTERNATIVE
SECTION 5.110 / PROHIBITED PROCEDURES
SECTION 5.120 / INTERVENTION PROCEDURES
SECTION 5.130 / SECLUSION, RESTRAINT AND ISOLATION TIME-OUT
SECTION 5.140 / PROTECTIVE DEVICES
SECTION 5.150 / INTERVENTION ADVISORY COMMITTEE
SECTION 5.160 / EXPERIMENTAL DRUGS
SECTION 5.170 / COMMUNICATION RIGHTS
SECTION 5.180 / LIVING ENVIRONMENT
SECTION 5.190 / HEALTH, HYGIENE, AND GROOMING
SECTION 5.200 / STORAGE AND PROTECTION OF CLOTHING AND POSSESSIONS
SECTION 5.210 / CLIENTS PERSONAL FUNDS, STORAGE/PROTECTION OF CLOTHING/ POSSESSIONS
SECTION 5.211 / CLIENT RIGHTS COMMITTEE
SECTION 5.212 / INFORMING CLIENTS AND STAFF OF RIGHTS
SECTION 5.213 / FEE ASSESSMENT AND COLLECTION PRACTICES
SECTION 5.214 / TRAINING ON ALTERNATIVES TO RESTRICTIVE INTERVENTIONS
SECTION 5.215 / SAFEGUARDS REGARDING MEDICATIONS
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YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.09
TITLE: GRIEVANCE PROCEDURE FOR YOUTH, FAMILY, CONSUMERS, OR STAKEHOLDERS
A complaint is any significant concern expressed to any service professional providing care at Youth Quest; Family Teacher Practitioners, Family Specialists, Licensed Professional. You may have a concern concerning the care, education, or treatment of any child or family receiving services at Youth Quest.
A grievance is a written report submitted to a staff supervisor. Youth Quest encourages open and honest discussion between those receiving services (called services recipients) and staff and expects that most concerns can be addressed satisfactorily through such discussions. Verbal reports of concern are not considered grievances until they are written up as a grievance. When verbal reports and discussions do not lead to resolution of concerns, service recipients are encouraged to file written reports. These reports are considered grievances.
There is a difference between “complaining” and “filing a compliant.” We believe that it is a task of adolescence to complain. For example, some kids have complained about a 9:00 PM curfew on weeknights, that allowance is too small, or that they are required to make their beds in the morning. These are things about which kids complain, but not ones about which kids file complaints. If you are not sure of the difference, please ask your case manager to explain.
Parents are encouraged to resolved complaints through regular contact. If a resolution is not reached, or the parent does not feel the issue has left them feeling the issue was addressed, or resolved, the parent should inform the person that they would like to file a grievance.
Who may use Youth Quest’s compliant or grievance procedure? Are there any restrictions concerning who may use the compliant or grievance procedure?
Any person, group, or organization that has a vest interest in the services provided by Youth Quest may file a grievance after following through with a complaint with the person with which the complaint resides first.
Does Youth Quest have parameters for complaint/grievance subjects? No, the process is the same.
Do applicable statutes, regulations, or contracts specify the rights of persons to file complaints/grievances? Yes, see below
For Youth or Stakeholders (see definition above) Procedure
1. A grievance must be first reviewed and discussed thoroughly with the youth’s primary caretaker or service professional. This direct care person or service professional will then have ten days to resolve the youth or stakeholders grievance. Resolve is defined as any of the items below:
- Deciding to bring the issue to an end and settling it conclusively
- Conclude or reach a conclusion after a discussion or deliberation has occurred
- A decision was reached; “the Family Teacher resolved to try to provide 48-hours notice of school meetings”
- An answering was given, “due to budget cuts, all allowance for non-DSS youth will need to be covered by parents”
- Make clearly visible; "can this image be resolved?"
- A solution was found for the problem or complaint.
- Dissolve; “the issue is not longer important so it’s being dropped”.
- Resolution; a formal decision was made to change a rule in the home by a family meeting and vote.
If a satisfactory resolution cannot be obtained from this person within ten days, the youth or stakeholder should inform the person that they do not feel the issue was satisfactorily resolved and will file formal grievance.
2. A formal grievance consists of completing a Youth Quest Grievance Worksheet – a copy of the Youth Quest Grievance Worksheet is available from any staff of Youth Quest or online at
resolved.html
3. The client should call and address the grievance with their case manager and attempt to resolve the conflict or concern in coordination with them working with staff or professionals of Youth Quest.
4. The youth may file a grievance with the Governors Advocacy Council for Persons with Disabilities.
The grievance shall be written in the following manner:
Full name of grievant (youth)
Date, time, and place initial grievance took place
What was happening?
Policy and procedure in dispute, if any
Specific nature of grievance
Reason grievance not reconciled
5. Please allow up to 30 days for the grievance to be resolved. This will be done with a letter of resolution by administration, with an inquiry for further information, or by another means of resolving the complaint or concern.
6. All grievances can be mailed to 1515 West NC Highway 54, Suite 220, Durham, NC27707 or e-mailed to .
YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.10
TITLE: CLIENT RIGHTS REPORTING
REFERENCE: 10A NCAC 27D .0101(a,b) (1,2)
PURPOSE: To ensure that personnel follow all required procedures regarding the safety of every client served. G.S. 122C-59, 122C-65, and G.S. 122C-66.
PROCEDURE:
1. All instances of alleged or suspected abuse, neglect, or exploitation of each client are required to be reported to the County Department of Social Services as specified in G.S. 108A, Article 6 or G.S. 7 A, Article 44.
Any personnel who become aware of an alleged instance shall directly call DSS for the county where the facility or service is located.
2. Sound medical safeguards will be taken when medication that is known to present serious risks to the client are prescribed; especially with neuroleptic medication. All personnel will be aware of each prescribed medication to client, and will be informed of and watch for side effects listed with each drug.
YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.20
TITLE: SUSPENSION AND EXPULSION POLICY
PURPOSE: To define Youth Quests suspension and expulsion procedures.
REFERENCE: 10A NCAC 27D.0102(a)
PROCEDURE:
1. Each client shall be free from threat or fear of unwarranted suspension or expulsion from all Youth Quest treatment services.
2. Due process procedures in the form of the Youth Quest client grievance policy shall be available to all clients for whom suspension and expulsion may be recommended. This procedure shall be used for any suspension, expulsion, or other discharge not mutually agreed upon. The criteria for time-limited suspensions and/or expulsions shall include repeated violations of program rules and policies.
There are many reasons why a client can be discharged from Youth Quest. Unless it is an emergency, personnel will try to make the decision with the child and family team utilizing every professional who is involved with the client present. Reasons for possible discharge include:
1)client has assaulted a staff member of Youth Quest or the natural children of staff members,
2)client behaviors have worsened and responses to treatment are not sufficient to justify continued treatment services,
3)client’s parent(s)/legal guardian want him/her out of the home,
4)client is unable to make progress in the services provided,
5)client makes progress and is able to complete the service or step-down from Youth Quest residential treatment to a therapeutic home placement, his/her biological family, a DSS foster family, or another less restrictive environment.
6)client has aged out.
7) client is in need of a different service provided by Youth Quest,
8) client is in need of a service not available within Youth Quest
3. At the time a discharge is made, a discharge summary/plan will be provided to both the client and any other child and family team members who make the request,
4. The following will be documented in the event of a suspension or expulsion:
a. the specific time and conditions for resuming services following a suspension,
b. designation of an alternative service determined to meet the clients’ needs
c. discharge plan
5. In services such as intensive in-home or other non-facility based services, a client may be discharged from the service when the client or family in treatment fails to be present for more than 4 scheduled teaching visits.
6. For youth who would like to return to a specific service offered by Youth Quest, staff will provide that youth the specific time and conditions for resuming services following suspension.
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YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.30
TITLE: SEARCH AND SEIZURE POLICY
REFERENCE: 10A NCAC 27D .0102
PURPOSE:
Each client shall be free from unwarranted invasion of privacy. This policy sets forth the limitations under which staff may perform a search or seizure of client property in any of our 24-hour facilities. These limitations basically include good cause to indicate possession of stolen property, or substances or items which may be health-threatening or dangerous. This policy covers scope and reason for search, search procedures, and disposition of seized property.
POLICY:
A. Scope of Search
1.Clients shall be free from unwarranted invasion of privacy and will have access to private living and storage areas for their personal belongings. All other areas will be deemed as public or common space and as such may be searched with no special cause or safeguards.
2.Private space will be defined as follows: any space designated for the personal use of an individual. Lockers may be deemed to be private space. At Youth Quest, the individual bedroom and/or closet, bureau or chest will be deemed to be private space.
3.Clients and/or parents or guardians will be notified in writing, at the time of admission of their rights regarding search and seizure.
B. Reason for Search
Staff may search a client or the client’s private space only if they have reasonable cause to believe that a policy or facility rule has been broken and that the individual whose personal or private space to be searched has violated such policy or rule and that the search is necessary to confirm the belief and/or eliminate a hazard to the client and/or others in the facility.
Situations justifying a search may include, but are not necessarily limited to, the following:
1.When drinking (not permitted by program policy), drug abuse, possession of dangerous articles or substances or possession of stolen property has been witnessed by a staff person or reliable informant, or is clearly indicated by surrounding circumstances, such as a prior history of similar behaviors, and opportunity or accessibility beyond that of the other clients.
2.When there is significantly different, otherwise unexplainable behavior, or behavior which is outside of regular patterns.
C. Search Procedures
1.Prior to a search, all clients will be given the opportunity to relinquish the item or substance in question if a specific item is suspected.
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2.The Director or designee may authorize a search of a client’s private space or person. This authorization must occur prior to or at the time of the search except when staff have a reasonable suspicion that a client has in his/her possession an item or substance which makes the individual dangerous to himself and this danger is so imminent as to render prior notice impractical. The Director or designee will make a good faith effort to contact the parents or guardians prior to any search to notify them of the situation; however, inability to contact them will not preclude the search from being conducted. In the event that families cannot be notified prior to any search, they will be notified following each search regarding the circumstances and the outcome.
3.Any staff person may search a client’s personal property after being authorized to do so by the Clinical Director or designee. To accomplish a search of the person, two staff must be present, with one staff member of the same sex as the client actually performing the search. In the event of imminent danger, a single staff member or one of the opposite sex as the client may proceed. Under no circumstances will a staff person do a strip search.
D. Disposition of Seized Property
Any item or substance found in the client’s possession during a search will be disposed of in the following manner:
A.Items or substances not permitted by program policy will be returned to the family, when such return would no longer constitute a danger to the client or others, or assistance would be provided to the client in appropriately disposing of same.
B.Stolen property will be returned to the owner when no criminal charges are anticipated.
C.In the event that any drugs or other illegal substances are discovered during a search of Youth Quest clients, the Director will notify the appropriate law enforcement officials. It will be the goal of Youth Quest to develop an on-going relationship with our local officers to have input regarding any referral of this nature.
E. Documentation of Search
Every search or seizure shall be documented. Documentation shall include:
- scope of search
- reason for search
- procedures followed in the search
- a description of any property seized
- an account of the disposition of seized property
6. Youth Quest Search and Seizure form can be located on ShareNote in the File Manager.
YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.40
TITLE: INTERNAL REVIEW OF YOUTH QUEST CLIENT RIGHTS
REFERENCE: 10A NCAC 27D .0104
PURPOSE: To set forth the procedure and time frame for assessing Youth Quests adherence to the client rights handbook.
PROCEDURE:
The Clinical Director or designee of Youth Quest has the responsibility to review, no less than every two years, which Youth Quest is in compliance and shows implementation of all policies set forth in the Youth Quest Client Rights Handbook. The Director will maintain the most recent written reports of the findings of such reviews.
The review shall assure that there is compliance with applicable provisions of the federal law governing advocacy services to the mentally ill as specified in the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 99-319) and amended by Public Law 100-509 (1988).
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The review shall also assure that there is compliance with applicable provisions of the federal laws governing advocacy services to the developmentally disabled, the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S. 6000 et. seq.
YOUTH QUEST
CLIENT RIGHTS HANDBOOK
RIGHTS RESTRICTIONS AND INTERVENTIONS
SECTION 5.50
TITLE: INFORMATION FOR CLIENTS
POLICY:
A. Open Chart
Clients entering any of Youth Quest’s treatment programs have an open chart. Clients and their guardians will receive information concerning rules, expectations, client rights, and privileges within the program, and who has case responsibilities concerning their treatment. This information is shared and discussed with the legally responsible person or agency, the referring person or agency, case manager, and foster parent/staff. There shall be documentation in the client record that client rights have been explained. Personnel who are concerned about the safety of charts when a client has requested a copy of records may provide up to ten days to make a photo copy of client records to preserve that the original are kept in the client record.
B Each client shall have the right to contact the Governors Advocacy Council for Persons with Disabilities (GACPD). This resource and the agency's phone number will be made available to each client who is admitted to Youth Quest.
C. If the client’scustom treatment plan with Youth Quest may include a prohibited restrictive intervention, the client or legally responsible person shall be informed:
1) Of the purposes, goals, and reinforcement structure of any behavior management system that is allowed
2) Of potential restrictions or the potential use of restrictive interventions
3) Of notification provisions regarding emergency use of restrictive intervention procedures
4) That the legally responsible person of the minor may request notification after any occurrence of the use of a restrictive intervention
5) Of his/her right to receive a copy of the Youth Quest Client Rights.
D. For a Client or legally responsible person to obtain a copy of the client’s treatment plan or any other documents in the client record, the client or legally responsible person is asked to make the request to the Director and sign a document verifying that the client or legally responsible person has requested this information. The client or legally responsible person may also e-mail this request to
YOUTH QUEST
CLIENT RIGHTS HANDBOOK
GENERAL CIVIL, LEGAL, AND HUMAN RIGHTS
SECTION 5.60
TITLE: SOCIAL INTEGRATION
PURPOSE: To define the limitations and freedoms associated with the client’s right to participate in appropriate and generally acceptable social interactions and activities with other client and non-client members of the community.
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REFERENCE: 10A NCAC 27D .0202
POLICY: Clients may receive special education and vocational training in accordance with Federal and State Law.
DEFINITION: As part of the teaching family model of treatment for the youth, social interaction and participation with other clients of Youth Quest, the treatment team, and the community are encouraged and are a basic component of the custom treatment and motivation system implemented for youth and families.