26B-2-123. Congregate care program regulation.
(1) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including: a strip search unless the congregate care program determines and documents that a strip search is necessary to protect an individual's health or safety; a body cavity search unless the congregate care program determines and documents that a body cavity search is necessary to protect an individual's health or safety; inducing pain to obtain compliance; hyperextending joints; peer restraints; discipline or punishment that is intended to frighten or humiliate; requiring or forcing the child to take an uncomfortable position, including squatting or bending; for the purpose of punishing or humiliating, requiring or forcing the child to repeat physical movements or physical exercises such as running laps or performing push-ups; spanking, hitting, shaking, or otherwise engaging in aggressive physical contact; denying an essential program service; depriving the child of a meal, water, rest, or opportunity for toileting; denying shelter, clothing, or bedding; withholding personal interaction, emotional response, or stimulation; prohibiting the child from entering the residence; abuse as defined in Section; and 80-1-102 neglect as defined in Section. 80-1-102 A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice.
(2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall: develop and implement written policies and procedures that: describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention; describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention; describe procedures for monitoring a child that is restrained or in seclusion; describe time limitations on the use of a restraint or seclusion; require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention; require documenting the use of a restraint, seclusion, or emergency safety intervention; describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention; to the extent practicable, require debriefing the following individuals if debriefing would not interfere with an ongoing investigation, violate any law or regulation, or conflict with a child's treatment plan: each witness to the event; each staff member involved; and the child who was restrained or in seclusion; include a procedure for complying with Subsection (5); and provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and consult with the office to ensure that the congregate care program's written policies and procedures align with applicable law.
(3) A congregate care program: may use a passive physical restraint only if the passive physical restraint is supported by a nationally or regionally recognized curriculum focused on non-violent interventions and de-escalation techniques; may not use a chemical or mechanical restraint unless the office has authorized the congregate care program to use a chemical or mechanical restraint; shall ensure that a staff member that uses a restraint on a child is: properly trained to use the restraint; and familiar with the child and if the child has a treatment plan, the child's treatment plan; and shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.
(4) A congregate care program: may use seclusion if: the purpose for the seclusion is to ensure the immediate safety of the child or others; and no less restrictive intervention is likely to ensure the safety of the child or others; and may not use seclusion: for coercion, retaliation, or humiliation; or due to inadequate staffing or for the staff's convenience. While a child is in seclusion, a staff member who is familiar to the child shall actively supervise the child for the duration of the seclusion.
(5) Subject to the office's review and approval, a congregate care program shall develop: suicide prevention policies and procedures that describe: how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior; warning signs of suicide; emergency protocol and contacts; training requirements for staff, including suicide prevention training; procedures for implementing additional supervision precautions and for removing any additional supervision precautions; suicide risk assessment procedures; documentation requirements for a child's suicide ideation and self-harm; special observation precautions for a child exhibiting warning signs of suicide; communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide; a process for tracking suicide behavioral patterns; and a post-intervention plan with identified resources; and based on state law and industry best practices, policies and procedures for managing a child's behavior during the child's participation in the congregate care program.
(6) A congregate care program: subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable; shall ensure that the communication described in Subsection (6)(a)(i) complies with the child's treatment plan, if any; and may not use family contact as an incentive for proper behavior or withhold family contact as a punishment. For the communication described in Subsection (6)(a)(i), a congregate care program may not: deny the communication unless state law or a court order prohibits the communication; or modify the frequency or form of the communication unless: the office approves the modification; or state law or a court order prohibits the frequency or the form of the communication.