# COMAR Title 16 — Department of Juvenile Services

## Subtitle 18 — State Operated Residential Facilities

### Chapter 02 — Limits on Use of Restraints and Seclusion; Prohibition of Abuse

#### Regulation .05 Facility Policy.

*COMAR 16.18.02.05*

A. Use by an employee of locked door seclusion or restraint is governed by the policy applicable to the facility.

B. A facility's policy shall address a youth's right to:

  (1) A hearing before an impartial hearing officer;

  (2) Advance written notice of the:

    (a) Date, time, and location of the hearing, and

    (b) Availability and name of a child advocate;

  (3) Be heard and present witnesses;

  (4) Confront adverse witnesses;

  (5) Appeal the decision; and

  (6) Expungement of the records from the youth's file if the youth prevails at the hearing.

C. A facility's policy, based upon the facility's physical structure and personnel, shall describe:

  (1) The permissible locations for locked door seclusion;

  (2) The supervision that shall be provided when locked door seclusion or restraints are used;

  (3) The services or treatment considered appropriate as a result of a youth's conduct; and

  (4) A process for releasing a youth from locked door seclusion or restraints.