Freedom of movement. Training Module DDS Office for Human rights September 11, 2013.
DDS Office for Human rights
September 11, 2013
This module is intended to support the fundamental right to freedom of movement for all people. It gives program managers, house managers, administrators, human rights coordinators, human rights committee members and clinical staff of agencies an awareness of the boundaries for potential restrictions of movement that they may feel compelled to consider.
Only when a person is at risk of serious physical harm due to either a physiological, or medical condition, or procedure, or a threat to cause physical or emotional harm to their selves or others through their own behavior, can an ISP team consider restricting a person’s right to the freedom of movement. In a well defined emergency, programs do not need permission of the ISP team. They must be well trained, however, and prepared to handle such.
Broader Legal Scheme
For Restrictions on Movement
Any action or device that limits the freedom of movement of any person must fit into one of the five categories authorized in 115 CMR 2.01 Limitation of Movement.
The constitution thinks of this as part of the “Liberty” interest and the due process requirements are delegated to the states to detail. Therefore, any procedure that limits a person’s freedom of movement that is not reached by these categories may not be implemented!
Emergency means a reasonable person would perceive one or more of the following:
D. Imminent threat of serious physical assault, person has present ability to assault, and has engaged in any act which indicates a present intention to carry out assault, immediately (imminent threat or occurrence of property damage, itself, is not an emergency, unless it has the potential to harm that person or others)
Other rules include:
For further rules governing use of emergency restraints see “Restraint Authorizer Legal” training atmass.gov/ddsand click on the human rights link. The curriculum can be found toward the bottom of the page.
Application of Chemical Restraint
Category 2. LOM
Supports for Proper Body Positioning and Safe Participation in Programming per 115 CMR 5.12
Health Related Protections
Behavioral Interventions Involving Holding or Other Limitations on Freedom of Movement
Positive Behavioral Supports - A systematic, person-centered approach to understanding reasons for behavior and applying evidence-based practices for prevention, proactive intervention, teaching, and responding to behavior, with the goal of achieving meaningful social outcomes, facilitating learning, and enhancing quality of life across the life span.
Positive Behavior Supports is Based on Three Tiers of Analysis and Response
Please contact your regional Human Rights Specialist, contact information is on the Human Rights Link at mass.gov/dds
Or contact Tom Anzer, Director for Human Rights to find out how to make contact with your Human Rights Specialist at 617-624-7738