We are committed to promoting each person’s rights and believe that restrictions on a person’s basic human rights can only be justified in specific cases where a person presents a health or safety issue to themselves or others. When restrictions to individual rights occur, OPG, Inc. issues reports to the Human Rights Committee to review the restriction. OPG, Inc. will also issue a report to pertinent agencies about the restriction, per BDDS and DRRS policies. OPG, Inc. expressly prohibits any standing policies that may violate individual rights, because these policies are dangerous, inhumane, and in direct contradiction to OPG, Inc.’s mission to provide meaningful and dignified supports.
OPG, Inc. only uses restrictive interventions when all other least restrictive measures are found to be ineffective. Restrictive Interventions must only be used in emergency situations outlined in this manual and when the Human Rights Committee approves the use of restrictive interventions in the behavior plan. When a person has behavior supports and the data from a BSP focused on positive supports, in conjunction with feedback from the IST, confirms danger to the person or others due to person’s challenging/dangerous behavior, and after the IST has concurred and documented that no other reasonable or feasible less restrictive alternatives are available, a BSP with restrictive interventions may be developed by the person’s behavior support services provider. Restrictions may include; personal property restrictions, movement restrictions, activity and community restrictions, psychoactive medications, and others not specifically mentioned.
Use of Restrictive Interventions and Behavioral Emergencies: A restrictive intervention may be used in a behavioral emergency without being planned when all of the following are present:
- An unanticipated behavioral emergency exists;
- A person’s behavior poses an imminent threat of harm to self or others;
- There is no approved BSP for the person that addresses the behavioral emergency, or there is an
- Approved plan but it has been found to be ineffective and a more restrictive intervention is
- Indicated based upon the person’s behavioral emergency.
- The intervention chosen is determined to be the least restrictive measure required to quell the
- Unanticipated behavioral emergency.
What is a Restrictive Intervention? A restrictive intervention is a planned restriction of a person’s rights to address a health or safety issue that can not be addressed through less restrictive measures. Restrictions may include: personal property restrictions, movement restrictions, activity and community restrictions, psychoactive medications, and others not specifically mentioned.
Several things have to happen before developing a Behavior Support Plan that includes restrictive
- A person receiving behavior supports has to have challenging or dangerous behaviors that pose a threat to the safety and well-being of the person or others.
- There is evidence that positive or non-restrictive interventions can not address this behavior.
- The person and/or their guardian consent to the restrictive intervention.
- The person’s Individualized Support Team (IST) agrees with the restrictive intervention.
Before a plan with restrictive interventions can be implemented: – It must be reviewed and approved by a Health Service Provider in Psychology (HSPP) – a psychologist endorsed to “engage in the diagnosis and treatment of mental and behavioral disorders.” – It must be reviewed and approved by a Human Rights Committee.
The Human Rights Committee
The Human Rights Committee (HRC) is a group of volunteers who review all support plans that include restrictions to a person’s rights. Every plan with restrictions must be reviewed and approved by the HRC before it can be implemented.
At OPG, Inc. the HRC ensures that the least restrictive interventions are being implemented to ensure the safety and well-being of the person supported while they develop the skills needed to become increasingly self-reliant.
The purpose of the HRC is to provide due process to each person supported at OPG, Inc. prior to their rights being restricted or limited. The HRC is not a rubber stamp committee; it is responsible for carefully weighing the rights restriction against the health and safety risks associated with a targeted behavior. OPG, Inc. understands that risk is inherent in all parts of everyone’s lives, the HRC is trained to take into consideration this normal level of risk and to ascertain whether there is greater risk for the person due to intellectual capabilities or negative behavioral patterns. The HRC reviews several areas of restrictions, these areas include but are not limited to:
- Personal Finances
- Personal Property
- Psychoactive Medication
- Use of Physical Restraint
- Any other rights restrictions not specifically listed
The HRC is responsible for the following:
- Being trained in the areas of rights, choices, types of restrictions, and best practices for deliberation on restrictive plans,
- Stringently reviewing all rights restrictions found in plans created or implemented by OPG, Inc. staff,
- Providing approvals and denials based on the risk to the person if their right wasn’t restricted, the benefit of the restriction to uphold their health and safety, the frequency and severity of the symptoms of a mental health diagnosis that is linked to the restriction, and the opportunities to reinstate a person’s rights,
- Ensuring that all restrictions are reviewed when changes occur to a level of restriction and annually at a minimum,
- Ensuring that all restrictions are time limited and there are opportunities for fading away the restriction based on available data and information,
- Ensure that each plan has steps to restore rights if they are restricted in the plan,
- Ensuring that each person is invited to attend the HRC when they have their plans heard and that each person receives due process prior to a restriction being implemented.
The HRC is responsible for deliberating on all restrictions and may provide an approval, temporary approval, or denial of plans based on the justification for a restriction. The HRC may request additional information to adequately deliberate on these plans. Information may be requested from a member of the Individualized Support Team, a physician, or from a parent/guardian. This information must be provided to the HRC so they may make a decision on the plan.
If You Have Restrictions In Your Plan
The Human Rights Committee wants to hear what you think about your plan. You can:
- Attend meetings,
- Send an email,
- Record a message,
- Or tell your Behavior Support Specialist what you think so they can share with the HRC.
Your Behavior Support Specialist will know when your plan is being reviewed. People supported, guardians, family, and community members are also invited to volunteer on the committee. You can contact the Human Rights Committee at firstname.lastname@example.org.