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 […]
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 […]
126-U:10 Injury or Death During Incidents of Restraint or Seclusion. – I. In cases involving serious injury or death to a child subject to restraint or seclusion in a facility, the facility shall, in addition to the provisions of RSA 126-U:7, notify the commissioner of the department of health and human services, the attorney […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
