Restrictions and HRC

What is a restriction?

  • A restriction can only be approved after a person’s team has attempted less restrictive measures.
  • A restriction can be a physical restraint, a mechanical restraint or a chemical restraint.  
  • Limiting a person’s rights is also considered a restriction.

A restriction is only used when a person’s actions risk harming themselves or others — or it is very likely that the person would be breaking the law and subject to legal consequences.

If a person’s team feels that a restriction is needed — that would be implemented by a paid provider — the restriction must be reviewed and approved by the Human Rights Committee, (commonly known as the HRC.)

What is an HRC? 

Ohio Administrative Code 5123:2-2-06 requires every county in Ohio to establish an HRC. In Licking County, the HRC meets monthly.

The committee must be comprised of at least four members, including a person receiving services or who is eligible for services and a person who has experience with behavior supports. The committee must equally balance the number of members who are people supported and families with the number of county board staff members or providers.

Members of the HRC receive training on rights, person centered planning, informed consent, confidentiality, behavior support strategies that include restrictive measures, self-advocacy, self-determination, the role of guardians, trauma informed care, court ordered community control and the role of the courts.

HRC members vote to approve or reject restrictions and ensure the restriction meets the requirements outlined in state law.

If emergency approval of a restriction is needed, interim approval can be obtained for up to 45 days.

What happens next? 

If approved by the HRC, restrictions need to be re-evaluated by the committee every year.

A person supported has the right to appeal the HRC’s decision.

A risk assessment and documentation supporting the restriction will be completed every year.  The person or their legal guardian also needs to sign an informed consent agreement regarding the restriction every year.

The person’s Service Coordinator will complete monthly status reports regarding the restriction. Copies of the report are distributed to the person and all members of their team.

The team must review the restriction every 90 days to assess its effectiveness and determine whether to continue, stop or change the restriction.

Translate »