Title 42 — The Public Health and WelfareRelease 119-73

§290jj–2 Regulations and enforcement

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER III–A— - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part Part I— - Requirement Relating to the Rights of Residents of Certain Non-Medical, Community-Based Facilities for Children and Youth › § 290jj–2

Last updated Apr 6, 2026|Official source

Summary

Requires the Secretary to write rules within 6 months after October 17, 2000, after talking with state and local advocates, health workers, facilities, and patients. The rules must make States that license non-medical, community-based residential homes for children and youth create and monitor behavior-management licensing rules that meet federal standards. States must put those rules into effect within 1 year after the rules are issued. The rules must also support national guidelines on staff numbers, skills, orientation, training, and certification for people who carry out behavioral interventions. The rules must make facilities have enough qualified professional and support staff to evaluate residents, write individual treatment plans, and provide active treatment. Staff must be trained and certified in preventing and using restraint and seclusion, covering many topics (population needs, de-escalation, alternatives, limits and monitoring, medical and legal issues, documentation, investigation, and follow-up). Facilities must notify deaths as required under section 290jj–1(1). A State that fails to follow any part of this law, including training requirements, cannot take part in any program that gets money under this chapter.

Full Legal Text

Title 42, §290jj–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than 6 months after October 17, 2000, the Secretary, after consultation with appropriate State, local, public and private protection and advocacy organizations, health care professionals, social workers, facilities, and patients, shall promulgate regulations that—

(1)require States that license non-medical, community-based residential facilities for children and youth to develop licensing rules and monitoring requirements concerning behavior management practice that will ensure compliance with Federal regulations and to meet the requirements of subsection (b);

(2)require States to develop and implement such licensing rules and monitoring requirements within 1 year after the promulgation of the regulations referred to in the matter preceding paragraph (1); and

(3)support the development of national guidelines and standards on the quality, quantity, orientation and training, required under this part, as well as the certification or licensure of those staff responsible for the implementation of behavioral intervention concepts and techniques.

(b)The regulations promulgated under subsection (a) shall require—

(1)that facilities described in subsection (a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate residents, formulate written individualized, comprehensive treatment plans, and to provide active treatment measures;

(2)the provision of appropriate training and certification of the staff of such facilities in the prevention and use of physical restraint and seclusion, including the needs and behaviors of the population served, relationship building, alternatives to restraint, de-escalation methods, avoiding power struggles, thresholds for restraints, the physiological impact of restraint and seclusion, monitoring physical signs of distress and obtaining medical assistance, legal issues, position asphyxia, escape and evasion techniques, time limits for the use of restraint and seclusion, the process for obtaining approval for continued restraints and seclusion, procedures to address problematic restraints, documentation, processing with children, and follow-up with staff, and investigation of injuries and complaints; and

(3)that such facilities provide complete and accurate notification of deaths, as required under section 290jj–1(1) of this title.

(c)A State to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training and certification, shall not be eligible for participation in any program supported in whole or in part by funds appropriated under this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 290jj–2

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73