Understanding Human Rights in Employee Orientation
Explore the importance of human rights in a new employee orientation program at a DBHDS facility. Learn about the role of the Office of Human Rights, local and state committees, regulations, and how to protect individuals' rights. Discover the processes for complaint resolution and the significance of understanding abuse and neglect. Access to regulations and the responsibilities of staff in upholding human rights are also highlighted.
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Overview of Human Rights New Employee Orientation To deny people their human rights is to challenge their very humanity. -- Nelson Mandela February 2024 DBHDS Facility NEO - OHR
Learning Goals and Objectives: At the end of this class, employees will: Become familiar with the role of the Office of Human Rights, and the Local and State Human Rights Committees. Become familiar with the DBHDS Human Rights Regulations. Understand how to protect the rights of individuals at this facility and their freedoms of everyday life. Learn about the use of seclusion, restraint, and time out. Become familiar with the DBHDS complaint resolution process and how to support individuals with it. Understand the terms Abuse and Neglect, how to recognize what they are and how to report them. February 2024 DBHDS Facility NEO - OHR
Local and State Human Rights Committees Who are they? What do they do? February 2024 DBHDS Facility NEO - OHR
Human Rights Regulations Va. Code 37.2-400 outlines assured rights of individuals receiving services The Human Rights Regulations are enforced through the Code of Virginia (37.2-400) The Human Rights Regulations define the structure for complaint resolution and enumerate DBHDS and Provider duties https://law.lis.virginia.gov/admincode/title12/agency35/ DBHDS facilities must assure the rights contained in the regulations. February 2024 DBHDS Facility NEO - OHR
Access to Regulations A complete copy of the Human Rights Regulations need to be provided to anyone who asks for one. Providers must also display and give information about the disAbility Law Center of Virginia (dLCV). February 2024 DBHDS Facility NEO - OHR
It is the responsibility of all staff to be familiar with facility policy and state regulations related to the human rights of those we serve. February 2024 DBHDS Facility NEO - OHR
What do we mean by the term human rights? February 2024 DBHDS Facility NEO - OHR
How we Protect Rights One way we protect rights is through written regulations. Individuals are entitled to know what their rights are under these. February 2024 DBHDS Facility NEO - OHR
Authorized Representative When an individual lacks capacity Next-Friend Supported Decision-Making Agreement Attorney-in- Fact Health Care Agent Legal Guardian Individual s Family Member February 2024 DBHDS Facility NEO - OHR
Individuals we serve are entitled to have the same rights as everyone else and to be treated with dignity and respect. Receiving services through DBHDS does not remove those rights. Every human being is the author of his own health or disease. -- Budda February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Legal rights of individuals receiving services 12VAC35-115-20 Property Legal documents Buy or sell Enter into contracts Register and vote February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Legal rights of individuals receiving services 12VAC35-115-20 Marry, divorce, separate Professional licensure Will, Advance Directive Access lawyers & courts Participate meaningfully in services & discharge plans February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Dignity rights of individuals receiving services 12VAC35-115-50 Use preferred name Be protected from harm including abuse, neglect, and/or exploitation Learn about and apply for and fully use public services and/or benefits Have opportunities to communicate Program services February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Dignity rights of individuals receiving services 12VAC35-115-50 Choice of individual to stay updated Clothing Meals Environment privacy bathroom facilities outside air windows clean air temperature February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Dignity rights of individuals receiving services 12VAC35-115-50 Practice religion Be allowed to send and receive mail Communicate privately by mail Communicate privately by telephone Have or refuse visitors February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Treatment rights of individuals receiving services 12VAC35-115-60 Based in law and sound therapeutic practice Without discrimination Tailored to the individuals needs and preferences February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Rights of individuals receiving services to participate in decision- making and consent 12VAC35-115-70 Give or not give informed consent Freedom to refuse or withdraw consent and discontinue participation in any treatment, service or research requiring their consent at any time without fear or reprisal Have an AR make decisions for them February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Confidentiality rights of individuals receiving services 12VAC35-115-80 Identifying information remains confidential Freedom to give authorization before the facility shares information Notice about exceptions for disclosure without consent February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Rights of individuals receiving services to access and amend their records 12VAC35-115-90 Read, see and get a copy Challenge, request to amend or receive an explanation for anything in their record Receive help to read and understand records without charge February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Rights of individuals receiving services to work 12VAC35-115-120 Engage or not engage in work- related activities Free from requirement to perform labor as a condition of treatment/services February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Human Research rights of individuals receiving services 12VAC35-115-130 Research must follow DBHDS policy and law Choice to participate or not Provide informed consent LHRC approval and periodic updates February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Rights of individuals receiving services to complain 12VAC35-115-150 Can complain about any potential human rights violation Resolution at the earliest possible step Freedom from retaliation Anyone can file a complaint on behalf of an individual February 2024 DBHDS Facility NEO - OHR
Restrictions of Rights Facilities shouldn t limit or restrict any individual s freedom more than is needed to achieve a therapeutic benefit. Restrictions must be justified, meet certain conditions, and documented in the treatment record. Implementation of a restriction must be assessed and the need for the restriction determined by a licensed professional. February 2024 DBHDS Facility NEO - OHR
Specific Restrictions Telephone restriction Visitor restriction Mail restriction Religious practices Use of preferred or legal name ANY RESTRICTION PUT INTO PLACE MUST BE INDIVIDUALIZED February 2024 DBHDS Facility NEO - OHR
Restrictions Continued When a restriction is put into place, it means the facility has cause to believe allowing a specific right would cause: Infringement on the rights of others Injury to the individual or others Unsafe or disorderly environment And there is no less restrictive way to protect against these occurrences Use of restriction must be reviewed and approved by the LHRC February 2024 DBHDS Facility NEO - OHR
Seclusion, Restraint and Time-Out Considerations February 2024 DBHDS Facility NEO - OHR
Seclusion, Restraint and Time-Out Considerations There are times when interventions such as seclusion, restraint and time out can never be used February 2024 DBHDS Facility NEO - OHR
Rights Assured by the Human Rights Regulations Human Rights Complaint Resolution Process 12VAC35-115-175 Make a complaint Have a timely and fair review have someone file a complaint on their behalf Use these and other complaint procedures Make a complaint under any other applicable law February 2024 DBHDS Facility NEO - OHR
More about Complaint Resolution: The individual shall: be contacted by the Director or the Director s designee have access to a Human Rights Advocate be protected from retaliation and harm have the complaint reviewed, investigated and resolved as soon as possible receive a report with the Director s decision and action plan within 10 working days be notified in writing of their right to appeal February 2024 DBHDS Facility NEO - OHR
Abuse and Neglect DI 201 Reporting And Investigating Abuse And Neglect Of Individuals Receiving Services In Department Facilities February 2024 DBHDS Facility NEO - OHR
Abuse and Neglect Continued Reporting Requirements February 2024 DBHDS Facility NEO - OHR
Abuse Defined February 2024 DBHDS Facility NEO - OHR
Exploitation Defined Examples Defined Withholding an individual's belongings to ensure compliance with a request Accepting gifts Stealing or using an individual's belongings for personal gain Offering an individual extra medication for favors Type of abuse Misue, misappropriation of assets, goods, property Use of authority to extract personal gain February 2024 DBHDS Facility NEO - OHR
Neglect Defined February 2024 DBHDS Facility NEO - OHR
Abuse and Neglect Continued DBHDS has no no tolerance tolerance for acts of abuse, neglect, or exploitation. February 2024 DBHDS Facility NEO - OHR
Report it immediately to the Facility Director Reporting Abuse and Neglect Insert Contact Information for your facility here If the Facility Director is away, report it to their designee February 2024 DBHDS Facility NEO - OHR
When to Make a Report Direct observation of abuse, neglect, or exploitation An allegation made by an individual An allegation made by another workforce member An allegation made by a family member or visitor Any indicators of abuse, neglect or exploitation February 2024 DBHDS Facility NEO - OHR
Investigations of Abuse, Neglect and Exploitation Be aware of certain cautions when involved in an investigation. Confidentiality Trained Investigators Interviews February 2024 DBHDS Facility NEO - OHR
Workforce Protections If an employee is the subject of an abuse or neglect allegation, they are then afforded certain workforce protections. The workforce member must: Be informed of the abuse or neglect allegation, including the nature of the allegation, and that a timely, thorough, and impartial investigation will be conducted. Have their rights explained to them as outlined by the DI 201 Receive written notification of the findings of the investigation Have an opportunity to present evidence on their own behalf to the investigator. It is important to keep in my mind that persons are presumed innocent until the Facility Director makes the final determination which is based on the facts of the investigation. February 2024 DBHDS Facility NEO - OHR
What happens when the investigation concludes? At the conclusion of the investigation, the abuse, neglect and/or exploitation may be determined to be: Substantiated Unsubstantiated Administrative Findings All parties, including involved staff will be notified of the findings February 2024 DBHDS Facility NEO - OHR
REFERRING and REPORTING Who is the Human Rights Advocate at this facility? Insert YOUR FACILITY ANSWERS Here How do I contact the Human Rights Advocate? What are some reasons to contact the Human Rights Advocate? February 2024 DBHDS Facility NEO - OHR
Questions? February 2024 DBHDS Facility NEO - OHR
APPENDIX February 2024 DBHDS Facility NEO - OHR
Key Terms Key Terms Key Terms DBHDS DBHDS Department of Behavioral Health and Developmental Services OHR OHR Office of Human Rights HRR HRR Human Rights and Regulations ID/DD ID/DD Intellectual Disability/Developmental Disability LHRC LHRC Local Human Rights Committee SHRC SHRC State Human Rights Committee AR AR Authorized Representative OSIG OSIG Office of the State Inspector General dLCV dLCV disability Law Center of Virginia LG LG Legal Guardian February 2024 DBHDS Facility NEO - OHR
Definitions Attorney Attorney- -in in- -fact: person. fact: a person authorized, through a power of attorney document, to act on behalf of another Authorized Representative: Authorized Representative: a person that is authorized by another person to act on their behalf. Emergency/risk: Emergency/risk: a situation that requires a person to take immediate action to avoid harm, injury or death to an individual receiving services or others, including violent and self-destructive behavior that jeopardizes the immediate physical safety of the individual to staff member or others. Developmental disability: Developmental disability: any of various that usually become apparent during infancy or childhood and are marked by delayed development or functional limitations especially in learning, language, communication, cognition, behavior, socialization, or mobility Health care agent: Health care agent: a person appointed by a declarant to act for and on behalf of the declarant to make decisions related to consent, refusal, or withdrawal of any type of health care February 2024 DBHDS Facility NEO - OHR
Definitions Intellectual disability: Intellectual disability: mild to severe impairment in intellectual ability equivalent to an IQ of 70 to 75 or below that is accompanied by significant limitations in social, practical, and conceptual skills (as in interpersonal communication, reasoning, or self-care) necessary for independent daily functioning and that has an onset before age 18 Investigator: Investigator: a person who has successfully completed investigative training and has received a certificate of completion by DBHDS. Investigation: Investigation: It is a systematic collection of facts, performed by a trained investigator, for the purpose of describing and explaining an allegation of abuse and/or neglect. OSIG: OSIG: investigates complaints alleging fraud, waste, abuse or corruption by an executive branch state agency, non-state agency or officers, employees or contractors of those agencies February 2024 DBHDS Facility NEO - OHR
Definitions Restriction: Restriction: the intentional limitation of resources. Restraint Restraint: approved physical intervention to prevent an individual from moving their body to engage in behavior that places them or others at risk of harm. Seclusion Seclusion: involuntary placement of an individual alone in an area secured by door that is held or locked shut by a staff person, by physically blocking the door, or by other physical or verbal means, so the individual cannot leave it. Time out: Time out: temporary separation from a rewarding environment, as part of a planned and recorded therapeutic program to modify behavior. February 2024 DBHDS Facility NEO - OHR
References OHR web page Human Rights - Virginia Department of Behavioral Health and Developmental Services Human Rights Regulations Virginia Administrative Code - Title 12. Health - Agency 35. Department of Behavioral Health And Developmental Services - Chapter 115. Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services February 2024 DBHDS Facility NEO - OHR
References Continued DI 104 Behavior Interaction Management Techniques Training DI 201 Reporting And Investigating Abuse And Neglect Of Individuals Receiving Services In Department Facilities DI 206 Personal Private Fund Accounts DI 208 Human Research Review And Approval DI 209 Language Access Services For Individuals With Limited English Proficiency Or Other Communication Or Language Barriers DI 214 Use of Seclusion And Restraint In State Facilities February 2024 DBHDS Facility NEO - OHR
References Continued DI 215 Use of Restraint For Secure Transport DI 218 Use of Personal Communication, Entertainment, and Computing Devices By Individuals Receiving Services in State Hospitals DI 604 Physical Requirements For State Hospital Seclusion Rooms DI 904 Implementing Privileges For Individuals Under Forensic Status DI 905 Review Of Medical Records By Forensic Patients DI 906 Community Medical Appointments And Special Hospitalization For Individuals Who Are Under Forensic Status DI1001 Privacy and Use And Disclosure Of PHI February 2024 DBHDS Facility NEO - OHR
