CHAPTER 126-U LIMITING THE USE OF CHILD RESTRAINT PRACTICES IN SCHOOLS AND TREATMENT FACILITIES
Section 126-U:5-b
126-U:5-b Conditions of Seclusion. –
I. When permitted by this chapter, seclusion may only be imposed in rooms which:
(a) Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
(b) Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
(c) Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
(d) Are free of any object that poses a danger to the children being placed in the rooms.
(e) Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an "emergency" includes, but is not limited to:
(1) The need to provide direct and immediate medical attention to a child;
(2) Fire;
(3) The need to remove a child to a safe location during a building lockdown; or
(4) Other critical situations that may require immediate removal of a child from seclusion to a safe location.
(f) Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.
II. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion.
III. When seclusion is used, school or facility staff shall designate a co-regulator to monitor the child and develop a plan to help the child manage their state of regulation and their return to a less restrictive setting. The co-regulator shall check the child at regular intervals not to exceed 30 minutes between any one interval. The co-regulator shall be selected and designated in the following order of preference:
(a) A trusted adult selected by the child.
(b) A clinician or counselor trained in trauma informed practices.
(c) A staff member known to have a positive relationship with the child.
(d) A staff member who was not involved in the incident leading to seclusion.