§290jj Requirement Relating to the Rights of Residents of Certain Non-medical, Community-based Facilities for Children and Youth

Summary

Public or private non-medical, community-based facilities for children and youth that get money under this law must protect each child’s rights. Kids must be free from physical or mental abuse, corporal punishment, and any restraint or locked isolation used just for discipline or convenience. Restraints and seclusion can only be used in an emergency to keep someone safe after less-restrictive steps fail. They can only be used by staff who are trained and certified by a state-approved process. If a state has not set up that process yet, the facility must have an interim plan that makes a trained supervisor check the child’s physical and mental condition as soon as possible and no later than 1 hour after restraint or seclusion starts, and the supervisor must keep watching while it continues. Facilities that provide inpatient psychiatric care for people under 21 must follow other rules, and Medicaid-funded facilities must keep meeting existing Medicaid requirements. Drugs used only to control behavior and not as standard medical treatment are banned. Mechanical restraints are banned. Seclusion may be used only when a staff member watches the child face-to-face the whole time and when strong licensing, accreditation, and internal controls are in place. The rules do not stop restraints for medical immobilization or medical protection. Terms used: mechanical restraint = devices that limit movement; physical escort = brief touching or holding to guide a child; physical restraint = holding that limits movement (not an escort); seclusion = locked isolation; time out = non-locked calm-down separation.