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Frequently Asked Questions
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- When parents are divorced but have joint legal custody, can a parent access the child's mental health records even if the other parent does not want them to?Yes. Without further instruction by a judge, both parents would retain the right to receive copies of their child's record.
- If a complainant changes her/his mind about a complaint s/he made last week, can s/he just withdraw it?Once an allegation has been entered into the CMHCM Recipient Rights system, some type of report must be completed. The investigation and subsequent report may be shortened due to the withdrawal of the complaint.
- Does blanket consent for the exchange of information with the Michigan Department of Health and Human Services (MDHHS) include Protective Services?Based on the requirement for “informed consent”, it would depend on what the person understood they were agreeing to when they signed the document.
- Can a recipient request a different Case Manager?Yes, a recipient can ask to be served by a different Case Manager. Whether that request will be granted will depend on the availability of another Case Manager who could serve the recipient. CMHCM policy indicates that CMHCM and providers will ensure that recipients are given a choice of physician and mental health professional, within limits of available staff.
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- Under what circumstances can residential staff search a recipient's room?A recipient's room can be searched when authorized in the recipient's plan of service (and approved by Behavior Treatment Committee) or when there is reasonable cause to believe the recipient is in possession of contraband. A search requires that a witness is present, the recipient whose room is being searched is offered the opportunity to be present, and that staff document the reason for the search, the names of the people searching and witnessing the search, and the results of the search including a description of property seized.
- How often does a Behavior Treatment Plan (BTP) need to be reviewed by the Behavior Treatment Committee (BTC)?A BTP that contains restrictive or intrusive elements must be reviewed by the BTC at least quarterly (once every three months). If the plan is not restrictive or intrusive, it must be reviewed no less than annually.
- Under what circumstances can medication or money be locked up in a recipient's home?If there is a reason that the money or medication needs to be locked up and the recipient whose property it is agrees, CMHCM's (and/or Provider's) assistance with protecting that property would be written into the plan of service. Without agreement of the recipient who owns the property (money/medication/ cell phone/other property), locking it up would require a plan approved by the Behavior Treatment Committee.
- What does the Office of Recipient Rights mean by the expectation that staff need to “intervene” when a co-worker is in the process of committing a rights violation?Intervening can mean telling a co-worker to “stop” what s/he is doing. It can also mean stepping in between the co-worker and the recipient.
- If a recipient's plenary guardian wants to limit the number of times each week the recipient eats meals at a restaurant, and the recipient asks staff to take him/her to out to eat, and the recipient has money, do staff have to take them?Yes, unless there is a plan approved by Behavior Treatment Committee which includes this limitation, staff would take the recipient out to eat.
- If a recipient's plan of service mentions that the recipient doesn't have any safety skills and needs to be accompanied in the community (because of lacking safety skills), does this require a Behavior Treatment Committee approved plan because it is a limit on the recipient's freedom of movement?Maybe. The answer would depend upon factors such as why it was determined that the recipient's safety skills are lacking, where the recipient is going and how the recipient is getting there.