Title 42, The Public Health and WelfareRelease 119-110

§290jj–2 Regulations and Enforcement

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must issue rules no later than 6 months after October 17, 2000, after talking with state and local agencies, advocacy groups, health care workers, social workers, facilities, and patients. The rules must tell States that license non-medical, community-based residential facilities for children and youth to make licensing and monitoring rules about behavior management. States must put those rules into place within 1 year after the Secretary issues them. The rules must also help create national training and certification standards for staff who use behavioral interventions. Facilities must have enough qualified staff to evaluate residents, write individual treatment plans, and give active treatment. Staff must get proper training and certification on preventing and using physical restraint and seclusion, covering topics like understanding the population, building relationships, alternatives and de-escalation, limits and safety, medical monitoring, documentation, child-specific processing, and investigating injuries and complaints. Facilities must also report deaths as required under section 290jj–1(1). Any State that does not follow these rules, including failing to train and certify staff, cannot take part in programs supported in whole or in part by funds appropriated under this chapter.

Full Legal Text

Title 42, §290jj–2

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

(a)Training

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)Requirements

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)Enforcement

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

Sep 22, 2026

Release point: 119-110