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:1-a – Limitations of Child Restraint Practices.
126-U:1-a Limitations of Child Restraint Practices. – The department of education and the department of labor shall work cooperatively to develop consistent definitions and applications of this chapter in order to inform school administrators and employees across the state of best practices regarding restraints in schools. The department of education may utilize grant funds […]
Section 126-U:2 – Written Policies Required.
126-U:2 Written Policies Required. – Each facility and school shall have a written policy and procedures for managing the behavior of children. Such policy shall describe how and under what circumstances seclusion or restraint is used and shall be provided to the parent, guardian, or legal representative of each child at such facility or […]
Section 126-U:3 – Post Admission Planning in Facilities.
126-U:3 Post Admission Planning in Facilities. – I. As soon as possible after admission to a facility, the treatment staff of the facility, the child, and the child’s parent or guardian shall develop a plan to: (a) Identify the child’s history of physical, sexual, or emotional trauma, if any. (b) Identify effective responses to […]
Section 126-U:4 – Prohibition of Dangerous Restraint Techniques.
126-U:4 Prohibition of Dangerous Restraint Techniques. – No school or facility shall use or threaten to use any of the following restraint and behavior control techniques: I. Any physical restraint or containment technique that: (a) Obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for […]
Section 126-U:5 – Limitation of the Use of Restraint to Emergencies Only.
126-U:5 Limitation of the Use of Restraint to Emergencies Only. – I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of […]
Section 126-U:5-a – Limitation on the Use of Seclusion.
126-U:5-a Limitation on the Use of Seclusion. – I. Seclusion may not be used as a form of punishment or discipline. 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. […]
Section 126-U:1 – Definitions.
126-U:1 Definitions. – In this chapter: I. " Child " means a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings […]