{"id":19148,"date":"2022-06-23T17:57:21","date_gmt":"2022-06-24T00:57:21","guid":{"rendered":"https:\/\/www.unsilenced.org\/?p=19148"},"modified":"2022-06-23T17:57:21","modified_gmt":"2022-06-24T00:57:21","slug":"michigan-legislation-report","status":"publish","type":"post","link":"https:\/\/www.unsilenced.org\/michigan-legislation-report\/","title":{"rendered":"Michigan Legislation Report"},"content":{"rendered":"

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As you review this report, please consider donating. Your contribution will help us continue our work advocating for survivors and youth. Every donation makes an impact, no matter the size. Thank you for your support!<\/p>\n<\/div>

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Completed by:<\/p>\n

The Unsilenced Policy Team<\/p><\/h4><\/span>

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Michigan Legislation Report<\/h1><\/span>
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2022<\/h1><\/span>
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2022<\/h1><\/span>
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Introduction<\/h1><\/span>
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The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts\u2019 individualized education programs, and by parents.<\/p>\n

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.<\/p>\n

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Introduction<\/h1><\/span>
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The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts\u2019 individualized education programs, and by parents.<\/p>\n

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.<\/p>\n

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Michigan Legislation<\/h1><\/span>
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<\/i><\/i><\/span>Child Caring Facilities<\/span><\/a><\/h4><\/div>
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\n \n\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n
\n General Oversight and Transparency <\/td>\n \n Department of Health & Human Services <\/td>\n <\/tr>\n
\n Oversight Agency <\/td>\n \n Department of Health & Human Services <\/td>\n <\/tr>\n
\n Which state agency oversees investigations? <\/td>\n \n Department of Child Welfare and Department of Health & Human Service <\/td>\n <\/tr>\n
\n Are investigations and outcomes visible to the public online? <\/td>\n \n Yes if you email and request information for specific complaints <\/td>\n <\/tr>\n
\n Is this type of program required to be licensed by the state? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is a list of licensed facilities available to the public? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Are regulations only applicable to facilities receiving public funds? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Can complaints be filed online? Is the reporting portal easy to find? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state conduct unannounced site visits? How many per year? <\/td>\n \n An inspection must be conducted by the local health department, and an approval granted indicating compliance with all of the rules in this part, except R 400.8330, 400.8335, and 400.8340, at all of the following times: (a) Before issuance of an original license. (b) Every 2 years, at the time of renewal, if the center has a private well or septic. (c) Every 2 years, at the time of renewal, if the center provides food service where the food is prepared and served on-site, unless the kitchen is currently licensed to provide food service. (d) Prior to adding a food service program. (e) Prior to adding an infant or toddler program. (f) When requested by the department. <\/td>\n <\/tr>\n
\n Are background checks required, including volunteers? <\/td>\n \n Yes. R 400.4112 Criminal history check, subject to requirements; staff qualifications - For both hired and volunteer workers <\/td>\n <\/tr>\n
\n Is a full-time licensed clinician required to be on staff? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state require a guardian's consent to all treatment received? <\/td>\n \n No changes to medication are allowed without consent from parent and physician <\/td>\n <\/tr>\n
\n Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? <\/td>\n \n Facility must notify guardian within 12 hrs and the Department of Health & Human Services within 24 hrs with a written report if any restraints are used on the child <\/td>\n <\/tr>\n
\n Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? <\/td>\n \n A licensee, licensee designee, or program director shall report to the department within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care. <\/td>\n <\/tr>\n
\n Is a licensed clinician required to perform a mental health evaluation upon intake? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state require mandatory child abuse response training for all staff working with children in residential settings? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require medical response training for all staff working with children in residential settings? <\/td>\n \n The institution shall establish written policies and procedures regarding routine and emergency medical\/dental\/behavioral health, R 400.4115 First aid; CPR \u2013 Page 14<\/a> <\/td>\n <\/tr>\n
\n Does state require 1:4 staffing ratio or higher? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Ban on Conversion Therapy for LGBTQA+ youth? <\/td>\n \n Previously, there was a partial ban. A new law has just passed that created a full ban<\/a> <\/td>\n <\/tr>\n
\n Are there admissions requirements? <\/td>\n \n Admission requirements dependent on the facility <\/td>\n <\/tr>\n
\n Are the guardian & admitted child required to be informed of their their rights? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state define institutional abuse and neglect? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Are there civil penalties for violations of institutional child abuse and neglect? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state prohibit mail censorship? <\/td>\n \n The facility will be ensured that children have communication with friends or family, but law does not have specific information on mail <\/td>\n <\/tr>\n
\n Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? <\/td>\n \n An institution shall have and follow a written policy regarding\ncommunication that ensures that a child is able to communicate with family and friends in a manner appropriate to the child\u2019s functioning and consistent with the child\u2019s treatment plan and security level. However, there is nothing that is specific to phone access <\/td>\n <\/tr>\n
\n Does the state require that children be allowed visitors in private during normal visiting hours? <\/td>\n \n Rule 122 - An institution shall provide for visits between each resident and the resident\u2019s parents, unless parental rights have been terminated or the resident\u2019s record contains documentation that visitation is detrimental to the resident. <\/td>\n <\/tr>\n
\n Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? <\/td>\n \n The initial treatment plan shall include all of the following: (a) An assessment of the resident\u2019s and family\u2019s strengths and needs. (b) Plans for parent and child visitation. (c) Treatment goals to remedy the problems of the resident and family, and time frames for achieving the goals. (d) Indicators of goal achievement. (e) The person responsible for coordinating and implementing the resident and family treatment goals. (f) Staff techniques for achieving the resident\u2019s treatment goals, including a specific behavior management plan. The plan shall be designed to minimize seclusion and restraint and include a continuum of responses to problem behaviors. (g) Projected length of stay and next placement. (h) For youth who are permanent court wards or MCI wards, there must be documented coordination with the agency assigned to complete adoption or permanency planning for the youth. (i) For youth 14 years of age and over, a plan to prepare the youth for functional independence. (4) The social service worker shall sign and date the initial treatment plan. (5) The social service supervisor shall approve, countersign, and date the initial treatment plan. <\/td>\n <\/tr>\n
\n Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? <\/td>\n \n An educational program may be provided, but the educational program does not have to be the primary purpose of the facility <\/td>\n <\/tr>\n
\n Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Are youth provided with access to advocacy services and representation? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require a guardian's consent to all treatment received? <\/td>\n \n There are religious policies in place and give parent opportunity to state\/restrict certain treatment if it is against their religion. Child caring institutions must abide by the parent's wishes. <\/td>\n <\/tr>\n
\n Is a grievance procedure required for youth and families? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Is youth consent required for all treatment received? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is there regulation for physical restraint? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Is there regulation for chemical restraint? <\/td>\n \n Yes. Chemical restraint is defined in section 2b of 1973 PA 116, MCL 722.112b <\/td>\n <\/tr>\n
\n Is there regulation for mechanical restraint? <\/td>\n \n Yes. The approval of an administrator must be obtained before any use of material or mechanical restraint. It cannot be used on pregnant youth unless child is deemed serious threat of hurting self, staff or others <\/td>\n <\/tr>\n
\n Is there regulation for seclusion? <\/td>\n \n Yes. Michigan passed legislation in March 2021 to eliminate seclusion <\/td>\n <\/tr>\n
\n Is there a Bill of Rights for youth in care? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Additional Information <\/td>\n \n Facility License Status Search<\/a> <\/td>\n <\/tr>\n <\/table>\n<\/div>