TITLE X
PUBLIC HEALTH

CHAPTER 126-U
LIMITING THE USE OF CHILD RESTRAINT PRACTICES IN SCHOOLS AND TREATMENT FACILITIES

Section 126-U:5-a

    126-U:5-a Limitation on the Use of Seclusion. –
I. Seclusion shall never be used explicitly or implicitly as punishment or discipline for the behavior of a child. It may only be used when a child's behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated.
II. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.
III. Seclusion shall not be used in a manner that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.

Source. 2014, 324:6, eff. Sept. 30, 2014. 2023, 75:1, eff. Aug. 6, 2023.