Title 42
State Affairs and Government

Chapter 72.9
Children’s Right to Freedom From Restraint Act

§ 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 attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and

(2) A detailed description of the nature of the restraint, its duration, and its effect on the child’s established medical, educational, or treatment plan.

(b) Each covered facility shall: (1) maintain a weekly log of the use of physical, mechanical, or chemical restraint or seclusion on children in their care and the nature of the emergency that necessitated its use, and (2) include that information in an annual compilation on its use of restraint and seclusion. The director of the state agency that has jurisdiction or supervisory control over the covered facility shall issue regulations regarding the specific content of the annual compilation and review the annual compilation prior to renewing a license for or a contract with the covered facility. The annual compilation of use of restraints and seclusion by each covered facility is a public record.

(c) If the use of restraint or seclusion results in serious physical injury or death to the child, the covered facility shall report the incident immediately to the department of children, youth and families as defined by law and to the director of the state agency that has jurisdiction or supervisory control over the covered facility. The director shall report any incidence of serious injury or death to the child advocate. The term “serious injury” shall be defined by DCYF in the rules and regulations promulgated pursuant to § 42-72.9-9.