The short title of this article is the “Protection of Individuals from Restraint and Seclusion Act”. Source: L. 99: Entire article added, p. 377, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1400, § 1, effective June 10.
As used in this article 20, unless the context otherwise requires: “Agency” means: Any one of the principal departments of state government created in article 1 of title 24, C.R.S., or any division, section, unit, office, or agency within one of such principal departments of state government, except as excluded in paragraph (b) of this […]
Subject to the provisions of this article, an agency may only use restraint or seclusion on an individual: In cases of emergency, as defined in section 26-20-102 (3); and After the failure of less restrictive alternatives; or After a determination that such alternatives would be inappropriate or ineffective under the circumstances. (1.5) Restraint and seclusion […]
Notwithstanding the provisions of section 26-20-103, an agency that uses restraint shall ensure that: At least every fifteen minutes, staff shall monitor any individual held in mechanical restraints to assure that the individual is properly positioned, that the individual’s blood circulation is not restricted, that the individual’s airway is not obstructed, and that the individual’s […]
Notwithstanding the provisions of section 26-20-103 to the contrary, if the division of youth services holds a youth in seclusion in any secure state-operated or state-owned facility: A staff member shall check the youth’s safety at varying intervals, but at least every fifteen minutes; Within one hour after the beginning of the youth’s seclusion period, […]
An agency that utilizes restraint or seclusion shall ensure that all staff involved in utilizing restraint or seclusion in its facilities or programs are trained in the appropriate use of restraint and seclusion. (1.5) The division of youth services shall ensure that all staff involved in utilizing restraint and seclusion are trained in: The health […]
Each agency shall ensure that the use of restraint or seclusion is documented in the record of the individual who was restrained or secluded. Each agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt ordinances applicable to the agencies within their respective jurisdictions specifying the documentation requirements for purposes […]
An agency that utilizes restraint or seclusion shall ensure that a review process is established for the appropriate use of restraint or seclusion. Source: L. 99: Entire article added, p. 382, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1406, § 7, effective June 10.
An agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt ordinances applicable to the agencies within their respective jurisdictions that establish procedures for the use of restraint and seclusion consistent with the provisions of this article. Any agency that has rules or ordinances in existence on April 22, 1999, […]
Nothing in this article shall be deemed to form an independent basis of statutory authority for the use of restraint. Nothing in this article shall be deemed to authorize an agency to implement policies, procedures, or standards or promulgate rules or adopt ordinances that would limit, decrease, or adversely impact any policies, procedures, standards, rules, […]
There is established within the division of youth services a youth restraint and seclusion working group, referred to in this section as the “working group”. The working group consists of: The director of the office of children, youth, and families in the division of child welfare within the state department, or his or her designee. […]
Except as provided otherwise in this section, and notwithstanding any other provision of this article 20, the use of a chemical, mechanical, or prone restraint upon a student of a school of a school district, charter school of a school district, or institute charter school is prohibited when the student is on the property of […]
