Section 400.4163. Secure facilities serving juvenile justice youth; seclusion room.

Rule 163. (1) A child caring institution shall not confine a resident in a room as punishment for misconduct except within a secure facility serving exclusively juvenile justice youth.

(2)   The institution shall establish and follow a written policy, which, at a minimum, includes all of the following:

(a)   Supervisory approval prior to use of seclusion as punishment.

(b)   A process that allows the resident all the following:

(i)   Written notice of the alleged misconduct.

(ii)   Written notice of actions that can be taken to be released.

(iii)    Items in subrule (2)(b)(i) and (ii) of this rule shall be provided to the resident before the seclusion begins.

(iv)   If a resident is originally placed in seclusion for a reason other than a sanction and the institution determines that the confinement will also be used as a sanction, the items in subrule (2)(b)(i) and (ii) of this rule shall be provided not later than 24 hours after the resident is placed into seclusion.

(c)   All sanctions of room confinement shall be for specific periods of time.

(d)  A sanction of room confinement shall not exceed 72 hours inclusive of any time spent in seclusion for out-of-control behavior at the time of the incident itself. Sanctions of 72 hours shall be reserved for only the most serious misconduct.

(e)   Staff shall observe the resident at intervals of 15 minutes or less and shall record the observation in a seclusion room log.

(f)  ) The log shall include all of the following information:

(i)   Name of resident.

(ii)   Time of each placement.

(iii)   Name of staff person responsible for each placement.

(iv)   Description of specific behavior requiring use of room.

(v)   Time of observations of resident.

(vi)   Time of each removal from room.

(vii)   Addressing of medical needs, including medication administration.

(g)    An institution shall not implement a resident reintegration behavior plan that extends the period of room confinement. A resident shall be released from room confinement at the end of the specified period.

(3)   Prior to establishing or changing a policy under this rule, an institution shall have written approval from the department licensing authority.

History: 1983 AACS; 2015 AACS.