Minnesota Administrative Rules

2960.0250 ADMISSION AND RELEASE POLICY AND PROCESS.

Subpart 1.

Personal privacy.

Admission procedures must be conducted in a manner and location that ensures the personal privacy of the resident and the confidentiality of the transaction from unauthorized personnel.

Subp. 2.

Admission criteria.

Detention statutory criteria for admission into a facility must be met prior to any person being admitted into the detention facility.

Subp. 3.

Information to residents.

The license holder must make information available to a resident in a language the resident can understand.

A.

A copy of facility rules must be made available to a resident throughout confinement concerning rules governing conduct, the facility's due process system, and disciplinary consequences; procedures for obtaining personal hygiene and canteen items; and policies governing visiting, correspondence, bathing, laundry, and clothing and bedding exchange.

B.

The license holder, within 24 hours of admission, must either give a copy to or advise the resident of the facility's rules and activities, the outside resources available, and the addresses and telephone numbers of the state-appointed ombudsman. A juvenile admitted into a 24-hour temporary holdover facility must be provided the information at the time of admission.

C.

Items A and B must be explained to a resident who is unable to read or who has questions about facility rules.

D.

The license holder must advise the resident upon admission of the resident's legal rights regarding detention or confinement. The resident must be advised of the official charge or legal basis for detention.

E.

The license holder must notify the parent or legal custodian or guardian of the resident's admission into detention and the address of the facility, unless notice was given by the referring agency.

Subp. 4.

Search.

Upon admission, personal belongings of a resident must be examined in a manner and in a location that ensures the personal privacy of the resident. Items taken from the resident during the search must be included in the resident's personal property inventory. The search of the resident must be done by a staff person of the same gender as the resident.

Subp. 5.

Resident clothing.

The license holder may determine the type of clothing a resident must wear. However, uniforms are discouraged and the license holder must consider the resident's cultural dress customs when developing resident clothing policies.

Subp. 6.

Discharges and releases.

Discharges and releases must be according to items A and B.

A.

No resident must be released in inclement weather without proper clothing to ensure health and safekeeping.

B.

A resident must be permitted to make arrangements for transportation prior to release.

Subp. 7.

Transitional services plan.

The license holder must assist the case manager to develop the transitional services plan, if requested by the case manager.

Subp. 8.

Case plan compliance.

The license holder must document the extent to which the requirements of the resident's case plan were addressed while the resident was in the facility, if the resident has a case plan. The license holder must:

A.

identify which services were provided directly or indirectly to the resident and who provided the services;

B.

identify which services were not provided to the resident, but should have been, and the party who was responsible to provide the services; and

C.

document the extent to which the license holder met the expected outcomes identified in the resident's case plan.

Statutory Authority:

L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09

History:

28 SR 211

Published Electronically:

August 5, 2008