Section 126-U:13 – Restriction of the Use of Mechanical Restraint in Courtrooms.
126-U:13 Restriction of the Use of Mechanical Restraint in Courtrooms. – At any hearing under RSA 169-B, RSA 169-C, or RSA 169-D, the judge may subject a child to mechanical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the child’s escape, or provide […]
Section 126-U:14 – School Review Following the Use of Restraint or Seclusion.
126-U:14 School Review Following the Use of Restraint or Seclusion. – Upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. […]
Section 126-U:11 – Authorization and Monitoring of Extended Restraint.
126-U:11 Authorization and Monitoring of Extended Restraint. – In a school or facility: I. Restraint shall not be imposed for longer than is necessary to protect the child or others from the substantial and imminent risk of serious bodily harm. II. Children in restraint shall be the subject of continuous direct observation by personnel […]
Section 126-U:12 – Restriction of the Use of Mechanical Restraint During the Transport of Children.
126-U:12 Restriction of the Use of Mechanical Restraint During the Transport of Children. – I. A school or facility shall not use mechanical restraints during the transportation of children unless case-specific circumstances dictate that such methods are necessary. II. Whenever a child is transported to a location outside a school or facility, the director […]
Section 126-U:5-b – Conditions of Seclusion.
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 […]
Section 126-U:5-c – Room Confinement at the Youth Development Center.
126-U:5-c Room Confinement at the Youth Development Center. – Notwithstanding any other provision of this chapter, the youth development center may confine children in their rooms when such confinement is part of a routine practice applicable to substantial portions of the population at the center and not imposed as a consequence in response to […]
Section 126-U:6 – Schools Limited to Physical Restraint.
126-U:6 Schools Limited to Physical Restraint. – Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-U:12. Source. 2010, 375:2, eff. Sept. 1, […]
Section 126-U:7 – Notice and Record-Keeping Requirements.
126-U:7 Notice and Record-Keeping Requirements. – I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child’s parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no […]
Section 126-U:7-a – Notice and Record-Keeping Requirements for Foster Family Homes.
126-U:7-a Notice and Record-Keeping Requirements for Foster Family Homes. – Notwithstanding RSA 126-U:7, foster family homes, as defined in RSA 170-E:25, shall keep records and provide notice of incidents involving seclusion or restraint, according to rules adopted pursuant to RSA 541-A by the commissioner of the department of human services. The rules shall provide […]
Section 126-U:8 – Review of Restraint Records by Department of Education.
126-U:8 Review of Restraint Records by Department of Education. – I. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to: (a) Periodic, regular review by the department of education of records maintained by schools relative to the use of seclusion and restraint. (b) A process for the department of […]