CHAPTER 126-U LIMITING THE USE OF CHILD RESTRAINT PRACTICES IN SCHOOLS AND TREATMENT FACILITIES
Section 126-U:9
126-U:9 Review of Restraint Records by Department of Health and Human Services. –
I. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Periodic, regular review by the department of health and human services of records maintained by facilities regarding the use of seclusion and restraint.
(b) A process for the department's receipt of complaints and its conduct of investigations of reports of improper use of seclusion and restraint in facilities, which may be through the department of health and human services, office of the ombudsman, or otherwise. The process shall provide for:
(1) Investigation of complaints regarding any violation of this chapter, regardless of whether injury results.
(2) Investigation by persons not affiliated with the facility which is the subject of the complaint.
(3) Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause.
(4) Protection of children before and after completion of the investigation.
(5) Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.
II. Beginning November 1, 2010, and each November 1 thereafter, the commissioner of the department of health and human services shall provide an annual report to the committees of the house of representatives and the senate with jurisdiction over health and human services and over children and family law, regarding the use of seclusion and restraint in facilities. The annual report shall be based on the periodic, regular review of such records and shall include the number and location of reported incidents and the status of any outstanding investigations.