(1) The behavior support plan is a formal written plan to address needs identified in a person's plan of care and must be developed for all persons engaging in challenging behavior. A behavior support plan must be developed as required by ARM 37.34.1420(4). The behavior support plan must be based on a functional behavior assessment as described in ARM 37.34.1411.

(2) Behavior support plans:

(a) utilize the basic principles of human behavior and learning and the principles of applied behavior analysis;

(b) emphasize the development of the functional alternative behavior using positive approaches, positive behavior intervention, and positive reinforcement procedures;

(c) use the least intervention possible;

(d) describe how to rearrange environments, alter curricula or tasks, and adjust schedules;

(e) are practical and appropriate for the settings where they will be implemented, for the person and for those who will implement the methods described;

(f) are evaluated through timely review of specific data on the progress and effectiveness of the procedure;

(g) identify functional alternative behavior that meets the same function as the challenging behavior;

(h) provide a clear and measurable procedure used to alter the challenging behavior;

(i) include a description of any restrictions necessary to protect the health and safety of the person, describe why the restrictions are necessary, and list the criteria for removing them;

(j) include reactive strategies to ensure the safety of the person and others; and

(k) are included in the person's plan of care.

(3) A behavior support plan must not include the use of seclusion, or the use of aversive, abusive or demeaning procedures, procedures that cause pain or discomfort except as provided for in the emergency procedures allowed for in ARM 37.34.1420.

(4) Use of the person's behavior support plan requires prior written consent from the following for approval:

(a) the person;

(b) the person's parent(s) if the person is under 18 years of age; and

(c) the legal representative, if one has been appointed by the court.

(5) The person's planning team and the person's providers are responsible for the implementation of the person's behavior support plan.

(6) A behavior support plan must include appropriate measures for training and monitoring staff performance throughout the implementation of the behavior support plan.

History: 53-6-402, 53-20-204, MCA; IMP, 53-6-402, 53-20-203, MCA; NEW, 2012 MAR p. 2617, Eff. 12/21/12.