10- 148 C.M.R. ch. 37, § 6

Current through 2024-51, December 18, 2024

Section 148-37-6 - DAILY OPERATIONS

A.Supervision of youth

The Facility must ensure adequate, developmentally-appropriate supervision of youth by direct care workers. See Section 7. Service Types for Facility-specific staff to youth ratios.

1. The Facility must retain a sufficient number of qualified employees.

2. Appropriate staff coverage must be in place at all times based on the following factors:

a. The age, capabilities, functioning levels, and program plans of the youth; and

b. The time of day and the size and nature of the Facility.

3. The Facility must ensure the availability of additional staff in the event of an emergency or crisis in the Facility.

B.RELIGION. A youth has the right to practice the religion of their choosing. The Facility must not impose any religious observances or practices on residents nor restrict access to or provision of services based on participation in or observances of any religious practices and/or religious affiliation of or by the residents.

C.SEARCHES. A search may be conducted when staff have cause or concern that misappropriated articles are present or that certain items would endanger the health or safety of a youth or others. Following a search, staff may confiscate any items found in the youth's possession that are misappropriated or that pose a health or safety risk to the youth or others.

1. Every search and the reasons therefore must be documented.

2. Routine or regularly scheduled safety sweeps of common areas do not require documentation.

D.Food service and safety

1.Food preparation. Facilities preparing food must ensure it is prepared and served in a safe manner and in accordance with applicable standards.

a. The Facility must offer a nourishing, well-balanced diet that meets the daily nutritional and special dietary needs of each youth. The Facility must make provisions for youth with special dietary needs.

b. No youth is to be denied a meal or coerced to eat for any reason.

2.Meals and snacks. Youth must be offered at least three meals in a 24-hour period. Additional food and beverages must be available 24 hours per day. Youth may choose whether to eat the offered meals unless otherwise directed by a physician.

3.Perishable food. When a program is supplying food, perishable items must be stored in sealed, labeled, and dated containers at temperatures that protect against spoilage.

E.Transportation

1.Vehicle requirements. All vehicles used for the transportation of youth must be in a safe condition in conformity with all applicable motor vehicle laws and equipped in a fashion appropriate for the season.

2.License requirements. Any person authorized by the Facility to transport youth must be properly licensed to operate that class of vehicle.

3.Number of passengers. The Facility must prohibit the number of persons in any vehicle from exceeding the number of available seats in that vehicle.

4.Smoking is prohibited in any vehicle that transports youth.

5.Seat belts. All youth and staff members must be properly secured in a seat belt or child restraint system in compliance with 29-A M.R.S. §2081.

F. Emergency preparedness

1.Disaster, hazard, and evacuation plans. The Facility must have a written disaster, hazard, and evacuation plan. The disaster, hazard, and evacuation plan must be based on a Facility's all-hazards risk and vulnerability assessment, must assign specific tasks and responsibilities to personnel and must be developed with the assistance of qualified community fire, health, and safety agencies. All plans and communication/notification systems will be updated annually and have primary and alternative means for communication/notification. At a minimum, the plan must address the following:

a. Natural disasters and man-made disasters, or other serious events, including active weapons;

b. Security of medication and records;

c. Safety of youth and staff, including an evacuation plan and shelter in place plan;

d. Notification plan for staff, youth and entities providing services to the Facility in emergencies;

e. How medication will be dispensed in the case of an emergency;

f. Training personnel and youth to report fires and other emergencies in accordance with written emergency procedures;

g. Training youth and personnel to evacuate the building, taking into account the needs of each individuals' conditions that may impair their ability to evacuate or their ability to understand the nature or purpose of the evacuation;

h. Training personnel on all shifts to perform assigned tasks during emergencies, including the use and location of emergency equipment;

i. Accounting for the whereabouts of personnel and youth during and after emergencies;

j. Coordination with emergency responders including volunteer emergency health care providers;

k. Plans for notifying the Department and the youth's guardian that youth have been evacuated from a Facility for any reason other than a timed drill or exercise, after youth are safely evacuated;

l. Plans for notifying the State Fire Marshal's Office immediately after youth are safely evacuated;

m. Provision of necessities such as food and water to youth and staff for both shelter in place and evacuation plans; and

n. Alternate sources of energy to maintain temperatures for living and food safety, lighting, alarm and sprinkler systems, and sewage/waste disposal or an emergency plan for a safe alternate temporary location for the facility if heat or other utilities are inoperable for more than 12 hours.

2.Continuity of operation plan. The Facility must have an appropriate plan for site and program for the continuity of operation in the event of an emergency including:

a. Plans for ensuring sufficient personnel and alerting a roster of volunteers to respond in the event of an emergency including delegation of authority and succession plans;

b. Plans for the management of ensuing medical and psychiatric emergencies;

c. Plans for the management of medical records and medication; and

d. Options for relocating youth, to include transfer and continuity of care agreements.

G.FIRE SAFETY

1.Fire safety. The Facility must comply with all applicable life safety codes and safety requirements including fire drills and smoke and carbon monoxide detector use, placement, and maintenance.

2.Fire Marshal's inspection. Prior to initial operation, and prior to re-licensure thereafter, Facilities must secure written documentation of compliance with the Life Safety Code after an inspection by the State Fire Marshal's Office or designee to ensure compliance with appropriate State and local regulations.

3.Timed evacuation drills. The Facility must conduct monthly, timed evacuation drills which must include actual evacuation of youth to safe areas.

4.Fire drill record. A record of such emergency drills must be maintained, noting dates and time, evacuation time and exits used, and participants.

5.Posted information. The Facility must conspicuously post emergency numbers in a place visible to persons using the telephone, including telephone numbers for fire, police, physicians, poison control, health agency and ambulance. Evacuation procedures must be posted in conspicuous locations throughout buildings.

10- 148 C.M.R. ch. 37, § 6