§ 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 substitute for a less restrictive alternative. The following requirements must be observed for any child placed in seclusion:
(1) The condition of the child in seclusion must be continually assessed, monitored, and reevaluated and the seclusion must be ended at the earliest possible time, considering the physical safety of the child being secluded and other individuals in the facility. For the purposes of this section, “monitor” means (i) direct observation, or (ii) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed; and
(2) The simultaneous use of seclusion and mechanical or chemical restraint is prohibited.
(b) Nothing in this section shall be construed to limit the use of “time out” as a method of managing behavior within a covered facility.
History of Section.
P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.