Human Rights Committee
State of Indiana Regional Human Rights Committee
Whether by conscious design or for expediency, many practices within agencies have the effect of restricting people's ability to make choices and exercise rights that most of us take for granted. The objective of the Regional Human Rights Committee is to help ensure that restrictive practices are employed only as part of a well-designed plan that is believed to be in the best interest of the person involved and that represents the minimum intrusion necessary to accomplish the objective(s) of the plan.
The Outreach Human Rights Committee is available to review plans with restrictive interventions for anyone in the state with intellectual/developmental disabilities who does not have access to a Human Rights Committee. Plans can also be reviewed to provide another opinion to another Human Rights Committee.
Introduction
This committee originated with the changes to 460 IAC 6-10-12 effective July 1, 2004. The Bureau of Developmental Disabilities Service established a regional human rights committee. This Regional Human Rights Committee is available for all Behavioral Support Plans (with highly restrictive procedures) that have not been reviewed or will not be reviewed by a human rights committee of a provider. If an individual is currently receiving behavioral support services, the behavior support plan includes a highly restrictive procedure, and the plan has not been reviewed and approved by a human rights committee, the individual should continue to receive the behavioral support services. However, the team is expected to submit the existing plan (with documentation listed in the rule) to a Human Rights Committee, including the option to submit the plan to the Regional Human Rights Committee.
Underlying Assumptions
- The use of restrictive practices is a major event in the lives of all concerned and should be employed only when positive supports are ineffective.
- Regular evaluation of the plan must take place. That can only be done accurately with the use of effective data collection techniques.
- Restrictions are presumptively viewed as temporary and must be coupled with training in the acquisition of positive behavioral skills.
Restrictive Interventions which must be reviewed (a descriptive, rather than exhaustive, list)
All interventions with restrictive components, such as:
Limitations on access:
- To personal possessions (money, mail, clothing, cigarettes);
- To personal or public space (locked areas, off limits areas);
- To food or drink;
- To activities;
- To friends, family, children, significant others, etc.;
- To community services;
Limitation on movement
- Bed rails;
- Mitts;
- Belts;
- Therapeutic holds;
- Escorts;
- Braces, helmets, splints for behavior control;
- Mechanical restraints
Medication
- Psychoactive drugs and medications used for behavior control
How to survive an HRC submission
- Know the history behind the issues under consideration.
- Know what has been tried before and what happened.
- Be sure you understand what is maintaining the behavior (Attention, escape, etc)
- Submit data, preferably in graph form.
- Use the best available techniques. If the issue is important enough to restrict a fellow human being, we should at least carry out our interventions according to best practices.
- The submission must include following according to 460 IAC 6-18-2-j (failure to include all of the following components will result in disapproval):
- Functional Assessment of the target behavior for which the restrictive behavior is designed.
- Documentation that indicates the risks of the target behavior versus the risk of the proposed restrictive intervention.
- Efforts to replace the target behavior.
- Documentation that the behavioral support plan is reviewed regularly by the person's support team.
- Definition of the targeted behavior or behaviors.
- Informed consent from the individual or the individual's legal representative.
Historical Information
The Muscatatuck State Developmental Center Human Rights Committee in conjunction with the South East Outreach Services was used in this capacity until the closure of the facility in April of 2005 at which time the South East Indiana Outreach Services took over the challenge of the Regional Human Rights Committee.
The 460 IAC 6-18-7 for behavioral support services providers and 460 IAC 6-35-8 for applied behavior analysis support services providers describe the following responsibilities. The behavioral support plan that includes any highly restrictive behavioral procedures is the only type that is required to be approved by a Human Rights Committee.
The Regional Human Rights Committee will review all behavioral support plans, which include highly restrictive procedures, for those providers that do not have a Human Rights Committee. If the residential provider, chosen by the individual receiving services, has established operational Human Rights Committee, the behavioral plans which include highly restrictive procedures can be reviewed by the residential provider's HRC. If there is a need for the implementation of an emergency behavior support plan, the provider must follow the standards in 460 IAC 6-13.
Providers are encouraged to establish their own human rights committee or work with other entities to share committees.
Please contact the Bureau of Developmental Disabilities Services (BDDS) Helpline at
BDDShelp@fssa.in.gov with questions.
The RHRC is regularly scheduled to meet the first and third Monday of each month. Emergency Human right concerns will be expedited through telephone contact with the Coordinator of the RHRC committee.
Contact for the Regional Human Right Committee is:
Judith Sides
Outreach Services Manager
Madison State Hospital
711 Green Road, Madison, IN 47250
Judith.Sides2@fssa.in.gov
Phone: 812-265-7411
Fax: 812-265-7444
Revised: June 30, 2008
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