You may encounter a resident who has severe mental illness or behaviors caused by dementia and it is determined they are likely to cause harm to themselves or others in the near future. In order to protect themselves or others, you may need to start the process for a temporary detention order (TDO). This is an extreme measure that should only be taken when all other treatment options have failed. You must also realize that this resident will eventually be coming back to the community and a plan must be in place to ensure they are provided with the appropriate care required.
22VAC40-73-420. Acceptance back in the facility.
- An assisted living facility shall establish procedures to ensure that any resident detained by a temporary detention order pursuant to §§ 37.2-809 through 37.2-813 of the Code of Virginia is accepted back in the assisted living facility if the resident is not involuntarily committed pursuant to §§ 37.2-814 through 37.2-819 of the Code of Virginia. The procedures shall include:
- Obtaining written recommendations from a qualified mental health professional regarding supportive services necessary to address the mental health needs of the resident returning to the facility;
- Documenting whether the recommendations specified in subdivision 1 of this subsection can be implemented based on facility or community resources and whether the resident can be retained at the facility or would need to be discharged;
- Updating the resident’s individualized service plan, as needed; and
- Ensuring that direct care staff involved in the care and supervision of the resident receive clear and timely communication regarding their responsibilities in respect to the mental health needs of the resident and behavioral or emotional indicators of possible crisis situations.
- If an assisted living facility allows for temporary movement of a resident with an agreement to hold a bed, it shall develop and follow a written bed hold policy, which includes the conditions for which a bed will be held, any time frames, terms of payment, and circumstances under which the bed will no longer be held. For recipients of an auxiliary grant, the bed hold policy must be consistent with auxiliary grant program policy and guidance.
Top Takeaways:
- Obtaining written recommendations from a qualified mental health professional regarding supportive services necessary to address the mental health needs of the resident returning to the facility;
The end of a TDO is not the final step in the acute mental illness situation. People that are suffering from these types of mental illnesses must continue to be treated by a mental health professional to ensure they stay in a positive mental state and appropriate for your community.
- Ensuring that direct care staff involved in the care and supervision of the resident receive clear and timely communication regarding their responsibilities in respect to the mental health needs of the resident and behavioral or emotional indicators of possible crisis situations.
Your staff needs to be involved in the readmission process for the resident and understand the unique needs they have and how it may differ from their previous ISP. Discuss the plan for care and ensure they know how to execute it.