SCL Questions and Answers

Questions Related to Human Rights Committee (HRC)/Behavior Intervention Committee (BIC)
Q.
If a person-centered team determines that one or more current rights restrictions may be reduced or rescinded, does the Human Rights Committee need to review prior to discontinuing the rights restriction?
A.
Since rights restrictions originate with the person-centered team, the team may reduce or rescind a rights restriction. Discussion and the team decision should be reflected in the person centered service plan by the case manager as a part of ongoing documentation.
Q.
What must be included in the plan presented with a proposed rights restriction to reduce or rescind the restriction?
A.
The plan may include research to try another way to achieve the outcome without a rights restriction, training or coaching for the participant/family/friends, consideration of changes to the environment where the person lives or works, education or training about responses for the staff supporting the person, and/or a change or addition of supports.

This plan is in addition to a positive behavior support plan if the participant has one which includes a rights restriction. A positive behavior support plan is not necessary to reduce or rescind a rights restriction, but a rights restriction may be a part of a positive behavior support plan. All new or revised positive behavior support plans must be annually reviewed and approved by the Behavior Intervention Committee, and by the Human Rights Committee if the plan contains restrictive measures or a rights restriction.
Q.
Do all positive behavior support plans have to be reviewed by the Human Rights Committee (HRC)?
A.
No. New or revised positive behavior support plans are to be reviewed by the Behavior Intervention Committee prior to implementation. HRC review should occur only if the plan includes restrictive measures or a rights restriction.
Q.
Does an agency which participates in many areas of the state seek HRC/BIC review with each area committee or can the agency have Plans of Care containing rights restrictions or positive behavior supports reviewed by the area committees where the agency is located?
A.
The Division believes it is more person-centered and best practice for area Human Rights Committees and Behavior Intervention Committees to review the rights restrictions and behavior intervention plans for all the individuals living in their area.

That said, agencies may choose to take rights restrictions and positive behavior support plans to the committees located in the area where they are located, as long as the appropriate information (approval forms, BIC rubric, etc.) is provided to the case manager supporting the person in a timely manner.
Q.
If the HRC approves a rights restriction and later a consumer gets hurt because of that restriction, who is liable?
A.
The Human Rights Committee approves a rights restriction and the plan to reduce or rescind that rights restriction based on the information in the person centered service plan, medical information, etc., and from the answers to questions to the participant’s case manager. The Committee has no role in implementing the rights restriction. The agency whose staff is supporting the person at the time of an injury must follow its own policy and SCL regulatory requirements as to the injury and follow-up.
Q.
Does the HRC have to unanimously approve a restriction?
A.
How the Human Rights Committees decide to approve or refuse to approve a rights restriction is not specified in the regulation. The committee may decide to vote and record each vote or to agree to come to consensus and approve or refuse to approve a rights restriction.
Q.
Where does the liability fall when recommendations aren't followed-up on? Does it fall on the agency that is not following up, on the committee members, or DDID?
A.
The requirement to respond to recommendations falls to the person-centered team. DDID staff are not HRC or BIC members.
Q.
We are having more in-depth conversations about the restrictions being presented, but when some of these serious issues are presented and the committee can't get guidance or help from the police, fire department, or other community resources and they won’t give us their written recommendations, where are we to go?

If a Guardian institutes a restriction does the HRC have the authority to veto it, and where again is the liability? Does the agency have to put the restriction in place?
A.
The Committee may give information to the case manager bringing the rights restriction before it but the responsibility for the information required as a part of the plan to reduce or rescind a restriction is that of the participant's person-centered team, not the Committee, which acts in an advisory capacity.

The Committee may choose not to approve a rights restriction requested by a guardian, the person-centered team or an agency. The guardian may request that the rights restriction be reviewed by another area Human Rights Committee through the case manager.

If the area Committee does not approve a rights restriction, the restriction cannot be implemented. Only committee members, as identified in regulation, may vote or discuss to achieve consensus on restrictions. The case manager presenting the rights restriction is not a voting member of the Committee.