(a) Purpose. The Statewide Behavior Review Committee (SBRC) is established to review each protective intervention plan with restrictive or intrusive procedures to ensure that the plan complies with Development Disabilities Services Division (DDSD) policy on the use of restrictive or intrusive procedures given in OAC 340:100-5-57.
(1) The SBRC ensures that:
(2) In addition to review of protective intervention plans containing restrictive or intrusive procedures, the SBRC may:
(A) review protective intervention plans without restrictive or intrusive procedures if requested by a member of the Team, or to address relevant concerns of committee members or others; or
(B) identify systems issues and make recommendations as appropriate to the director of DDSD.
(b) Membership. The SBRC members are appointed by the director of DDSD.
- (1) The committee is chaired by the DDSD director of psychological and behavioral supports.
- (2) Other members are appointed in writing by the director of DDSD for a term of three years. Members may be re-appointed.
- (3) An associate chair is appointed by the chair to conduct committee business in the absence of the chair.
- (4) The SBRC includes:
- (A) at least three professional members with expertise in areas relating to the duties of the committee, including:
- (i) positive behavior supports and educational methodologies;
- (ii) issues involving client rights;
- (iii) related medical or psychiatric issues; or
- (iv) other qualifying experience as accepted by the DDSD director. Documentation of members' additional credentials is maintained in the SBRC file of membership resumes;
- (B) at least two individuals who receive DDSD services or are a family member, guardian, or advocate of an individual who receives DDSD services; and
- (C) ex-officio, non-voting members as appropriate to assist in the business of the committee. The positive support field specialist serves as a non-voting member when presenting proposals or plans submitted by the Team.
- (5) At least one half of the voting committee members must be present to conduct business.
- (6) No professional whose protective intervention plan is the subject of review may vote on the approval of that plan.
- (7) No member may vote on an issue or recommendation if there is a professional, pecuniary, or familial conflict of interest.
- (8) Members are required to protect the confidentiality of all records and information disclosed in carrying out the duties and activities of the committee.
- (A) Each committee member is required to sign a confidentiality statement.
- (B) Confidentiality is protected in all communications of the committee to non-members.
(c) Review by the positive support field specialist. The case manager, or provider agency program coordination staff member if there is no DDSD case manager, submits all protective intervention plans to the positive support field specialist for review to determine if the plan contains:
(d) Due process. Due process is required prior to use of a restrictive or intrusive procedure, except in an emergency as defined in subsection (f) of OAC 340:100-5-57. For persons in a resource center or the Greer Center, review and approval by the resource center Behavior Review Committee (BRC) and Human Rights Committee (HRC) are required when restrictive or intrusive procedures are planned.
(e) SBRC minutes and tracking. The chairperson of the SBRC must maintain:
(f) Standards for protective intervention plans. Committee members examine each protective intervention plan developed in accordance with subsection (d) of OAC 340:100-5-57 to determine whether the plan meets all standards defined in OAC 340:100-5-57.
(g) Recommendations of the SBRC. All recommendations for changes or requests for additional information are supported by a consensus of the committee.
- (1) Protective intervention plans must be modified to accommodate the recommendations of the SBRC and approved in accordance with this Section prior to implementing the proposed restrictive or intrusive procedure(s).
- (2) Educational supports in addition to those required by the protective intervention plan may be required by the SBRC to assist the Team in maximizing the individual's growth and skill development. Recommended supports address specific educational needs of the individual or training needs of the support staff and are designed to reduce or eliminate the need for restrictive or intrusive procedures.
- (3) Additional medical evaluation(s) may be required by the SBRC to determine if challenging behaviors are due to physical or medical conditions.
- (4) If the Team is resistant to positive approaches and preventions, the SBRC may recommend administrative action when deemed necessary.
- (5) The SBRC is the final approval authority for protective intervention plans that include a restrictive or intrusive procedure(s).
- (6) SBRC approval is for no longer than one year and must be renewed annually as long as the restrictive or intrusive procedure is in place.
(h) Notification of the Team. The SBRC sends a copy of the SBRC minutes and a copy of protective intervention plan review summary to the case manager. The review summary specifies whether the protective intervention plan is:
- (1) approved by a consensus of the committee;
- (2) conditionally approved, with required information or changes to be provided within a time period specified by the SBRC;
- (3) conditionally approved with required educational supports or staff training as specified; or
- (4) not approved, with required information or changes to be provided within a time period specified by the SBRC. The case manager convenes the Team within ten days of receipt of the SBRC minutes and summary for review and necessary modifications to the protective intervention plan.
(i) Revisions and addenda to protective intervention plans. Changes, revisions, and addenda to protective intervention plans are conspicuously marked when re-submitted to the SBRC.
- (1) If the information or revision requested by the SBRC is not provided within the time frame specified by the SBRC, the SBRC may require additional, more current information.
- (2) If the Team's revision of the protective intervention plan does not contain the requested changes or information:
- (A) the SBRC may request an administrative inquiry as provided by OAC 340:100-3-27 if the SBRC believes there are service deficiencies associated with the development of the protective intervention plan;
- (B) the Team may request technical assistance from the positive support field specialist if they are unclear how to meet the requests of the SBRC; or
- (C) the Team may request a hearing of the SBRC, when presenting the later revision, to provide an opportunity to further explain the direction taken in the protective intervention plan.