Section 42-72.9-1. – Short title.

§ 42-72.9-1. Short title. This chapter shall be known as the “Children’s Right to Freedom from Restraint Act.” History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.

Section 42-72.9-2. – Fundamental purpose.

§ 42-72.9-2. Fundamental purpose. This chapter is enacted to protect and promote the right of each child who is a resident or patient in a covered facility to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints (as defined in this chapter) imposed for purposes of discipline […]

Section 42-72.9-3. – Definitions.

§ 42-72.9-3. Definitions. For the purposes of this chapter: (1) “Service provider” means any person employed or contracted by a covered facility to provide direct care, residential treatment, education, or direct supervision of children. (2) “Covered facility” means any agency, organization, or public or private entity that provides any of the following for children, regardless […]

Section 42-72.9-4. – Use of restraints.

§ 42-72.9-4. Use of restraints. (a) No service provider may use a life threatening physical restraint on any child at any time. This section shall not be construed as limiting any defense to a criminal prosecution for the use of deadly physical force that may be available in the general laws. (b) After January 1, […]

Section 42-72.9-5. – Seclusion.

§ 42-72.9-5. Seclusion. (a) No service provider may cause the involuntary placement of a child in seclusion except as an emergency intervention to prevent immediate or imminent risk of injury to the physical safety of the child, staff, or other individuals in the facility and may not be used for discipline, convenience or as a […]

Section 42-72.9-6. – Recording.

§ 42-72.9-6. Recording. (a) Any use of physical, mechanical, or chemical restraint or seclusion on a child must be documented in the child’s medical, educational, treatment or case record maintained by the covered facility. The documentation shall include: (1) In the case of emergency use, the nature of the emergency and what other steps, including […]

Section 42-72.9-7. – Training and policies.

§ 42-72.9-7. Training and policies. (a) Each covered facility shall: (1) Develop policies and procedures that establish monitoring, documentation, reporting, and internal review of the use of restraint and seclusion on children; (2) Require training of all service providers in the use of restraint and seclusion on children. The training shall include, but not be […]

Section 42-72.9-8. – Penalties.

§ 42-72.9-8. Penalties. (a) Any covered facility that does not comply with the provisions of this chapter is subject to licensing action, including, but not limited to, license revocation, by the agency or department of state government that has jurisdiction or supervisory control over the covered facility. (b) Any service provider who willfully and intentionally […]

Section 42-72.9-9. – Rules and regulations.

§ 42-72.9-9. Rules and regulations. DCYF and MHRH shall promulgate rules and regulations pursuant to the Administrative Procedures Act, title 42, chapter 35, on or before January 1, 2001, to implement the intent of this chapter. History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.