This bill modifies existing laws regarding the use of restraint and seclusion in schools and treatment facilities. It expands the circumstances under which restraint is permitted, allowing it to be used when there is an imminent risk of harm to a child or others, rather than requiring a substantial risk of serious bodily harm. The definition of seclusion is also altered; it now includes the involuntary separation of a child from a stressful environment as an exception, which allows for a child to regain self-control in a non-restrictive manner.

Specifically, the bill deletes the term "voluntary" from the definition of seclusion and replaces it with "involuntary," indicating that a child can be separated from a stressful situation without the option to leave. Additionally, the language regarding the circumstances under which restraint can be used is modified to remove references to "substantial" and "serious" bodily harm, simplifying the criteria to an imminent risk. The bill emphasizes that restraint should only be employed by trained personnel and only after other interventions have failed or are deemed inappropriate. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 126-U:1, 126-U:5
HB1688 text: 126-U:1, 126-U:5