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

Summary

Facilities that get federal money must protect the rights of every child or youth who lives there. They must keep residents safe from physical or mental abuse, from corporal punishment, and from restraints or locked isolation used for discipline or convenience. Facilities that give inpatient psychiatric treatment to people under 21, as described in section 1905(a)(16) and (h) of the Social Security Act, must follow part H. Facilities paid under Medicaid must keep meeting any other Medicaid rules that this law does not change. Physical restraints or seclusion can only be used in true emergencies to keep someone safe after less restrictive steps fail. Only staff who are trained and certified under a State-approved process may use them. The training must cover things like de-escalation, alternatives to restraint, health and safety checks, legal and documentation rules, time limits, and follow-up. Until the State creates that process, each facility must use an interim plan that requires a trained supervisor to do a face-to-face check as soon as possible and no later than 1 hour after restraint or seclusion begins, and to keep monitoring the person. Drugs used to control behavior when not a standard treatment are banned. Mechanical restraints are banned. Seclusion may be used only with continuous face-to-face monitoring and strong licensing or accreditation and internal controls. Medical immobilization, adaptive support, or medical protection are allowed. Federal or State rules that give more protection still apply. Definitions: mechanical restraint — device that limits movement; physical escort — briefly holding someone to guide them; physical restraint — holds that limit movement but not a physical escort; seclusion — locked isolation; time out — non-locked, approved calm-down separation.