N.Y. Comp. Codes R. & Regs. Tit. 9 § 168.2 - Standards relating to the use of room confinement
(a) Definition of room confinement. For the
purpose of this Part, the term room confinement shall mean confinement of a
child in a room, including the child's own room, when locked or when the child
is authoritatively told not to leave.
(b) Room confinement shall not be used as
punishment. It shall be used only in cases where a child constitutes a serious
and evident danger to himself or others. It is not to be considered, in itself,
as a method or technique of treatment.
(c) Place of confinement--environmental
needs. Places of confinement within the institution shall be designated by the
institution superintendent (or director) and approved by the deputy director of
rehabilitation services or his designee. The place of confinement shall be
lighted, heated and ventilated the same as other comparable living areas in the
institution.
(d) Required furniture
and furnishings within the place of confinement. The place of confinement shall
be furnished with the items necessary for the health and comfort of the
occupant, including, but not limited to, a bed, chair, desk or chest, mattress,
pillow, sheet and blanket. If the possession of any of these items would be
detrimental to the safety of the occupant or others, they may be removed during
that period upon authorization by the superintendent (or director) or the
acting superintendent (or director).
(e) Authorization of room confinement. Room
confinement shall be authorized only by the superintendent (or director) or the
acting superintendent (or director). Authorization should be obtained prior to
actual placement in room confinement. In instances where immediate physical
restraint is clearly necessary, authorization must be obtained within 15
minutes of lock-up.
(f) Maximum
period of confinement. The maximum period of confinement shall not exceed 24
consecutive hours without the approval of the deuty director of rehabilitation
services or designee within the bureau.
(g) Visitation. For the purpose of this Part,
a visit shall mean actual entry into the room of confinement with the child or
removal of the child from the room of confinement for the purpose of discussion
or counseling. A visit shall not include routine visual checks or discussion
through the door or window of the confinement room. Children in room
confinement shall be visited at least once each day by the following
institutional personnel:
(1) Administrative
staff--a person at least at the level of senior youth, division counselor
assistant director of cottage program or higher.
(2) Clinical staff--psychiatrist,
psychologist, social worker.
(3)
Medical staff--a nurse or physician shall examine the child in room confinement
on a daily basis.
A record of visits shall be maintained by the school (or center) on forms designated by the division and shall be posted on the door of the confinement room during the entire period of confinement.
(h) Reading materials. Educational
and recreational reading materials shall be provided within the first 24 hours
unless the superintendent (or director) or acting superintendent (or director)
shall determine that such materials shall be detrimental to the child's
rehabilitation. These materials shall be provided on a daily basis
thereafter.
(i) Recreation and
exercise. For the purpose of this Part, recreation and exercise shall be
defined as an activity taking place outside the room of confinement and shall
mean to include, sports, athletics, games, light physical exercise and like
activities. It shall not include hard labor, unduly arduous exercise and other
activities of a generally unpleasant or punishing nature. Recreation and
exercise shall be provided on a daily basis for at least one prescribed period
of not less than 30 minutes unless the superintendent (or director) or acting
superintendent (or director) shall authorize its deletion upon determination
that such a liberty would present a serious and evident danger to the child or
others.
(j) Reports of room
confinement. Schools and centers must report each instance of room confinement,
lasting more than one hour, on forms designated by the division. Every instance
where physical or medical restraints are used shall be reported on these forms,
regardless of the length of time of the subsequent confinement. Reports are to
be submitted on a weekly basis to the director of the bureau of children's
institutional services. For the purpose of this Part, a week begins on a Monday
and ends on a Sunday. Reports are to be submitted on or before Tuesday of the
following week. A copy of each report shall be sent to the ombudsman assigned
to that institution.
(k)
Consecutive periods of room confinement.
(1)
Any student who is returned to room confinement within six hours of his release
shall be considered to have been in continuous room confinement for purposes of
reporting and seeking central office approval; however, a notation as to
unsuccessful efforts to return the student to program should be made so that an
accurate description of the confinement is available.
(2) Return to room confinement after a lapse
of six hours from the time of release shall be considered as commencing a new
period of room confinement for the purpose of reporting and seeking central
office approval.
(3) Manipulation
of consecutive periods of room confinement to evade reporting and approval
requirements, or to evade the spirit of the division's regulations, is
prohibited.
(l) Review
and request for extension of room confinement. A review of the necessity for
continued room confinement shall be made prior to the beginning of each new 24
hour period by the superintendent (or director) or acting superintendent (or
director). Room confinement may be extended beyond the 24 hours only with the
approval of the deputy director of rehabilitation services or designee.
Approval shall be obtained prior to the beginning of each 24 hour period.
Initially, such requests may be made orally (by telephone). The request must
then be submitted in writing on forms designated by the division. This written
request must be forwarded to the deputy director of rehabilitation services or
his designee within 24 hours of the oral request.
(m) Every effort shall be made to return the
child to the regular program of care as quickly as possible.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.