Chapter 02. Limits on Use of Restraints and Seclusion; Prohibition of Abuse
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Abuse.
(a)
“Abuse” means:
(i)
The physical injury of a youth by any employee under circumstances that indicate the youth's health or welfare is significantly harmed or at risk of being significantly harmed; or
(ii)
Sexual abuse of a youth, whether or not physical injuries are sustained.
(b)
“Abuse” does not include providing a youth with nonmedical religious remedial care and treatment recognized by State law.
(2)
“Department” means the Department of Juvenile Services.
(3)
“Duty officer” means the individual designated by the superintendent to make decisions during the superintendent's absence or when the superintendent is unavailable.
(4)
“Employee” means any Department employee or any volunteer providing direct or indirect services to a youth in a facility.
(5)
“Facility” means a residential program operated and managed by the Department.
(6)
“Locked door seclusion” means the placement of a youth in a locked individual room, separate from the youth's room, where a youth is kept for a period of time.
(7)
“Restraint” means a mechanical device or a chemical agent which, when used, limits movement of a youth's body or temporarily disables the youth.
(8)
“Sexual abuse” means any act that involves sexual molestation or exploitation of a youth by an employee and includes incest, rape, or a sexual offense in any degree, sodomy, and unnatural or perverted sexual practices.
(9)
“Superintendent” means the individual who manages a facility.
(10)
“Youth” means any individual under care in a facility.
Regulation .02 Prohibition of Abuse.LinkCopy Citation
Acts of abuse at a facility are prohibited.
Regulation .03 Use of Locked Door Seclusion.LinkCopy Citation
A.
A facility employee may not place a youth in locked door seclusion as punishment.
B.
A facility employee may place a youth in locked door seclusion only:
(1)
When it is clearly necessary to protect the youth or other individuals or to prevent escape; and
(2)
After less restrictive methods have been tried or cannot reasonably be tried.
C.
Time Limitations.
(1)
A youth may not remain in locked door seclusion more than 24 hours without the review and approval of the superintendent or the duty officer, who shall provide a written explanation for the decision. If one of these administrators was involved in the incident, the other one makes the determination.
(2)
After the decision has been made to keep a youth in locked door seclusion for more than 24 hours, the youth shall be seen by the superintendent or the duty officer at least once during each 12-hour period.
(3)
The maximum stay in seclusion as a result of a single incident may not exceed 72 hours, unless a declared written emergency is issued by the superintendent.
D.
Release. A youth shall be released from locked door seclusion when the youth no longer fits the criteria for placement in locked door seclusion.
Regulation .04 Use of Restraints.LinkCopy Citation
A.
A facility employee may not apply any restraint to a youth as punishment.
B.
A facility employee may apply restraints to a youth only for:
(1)
The protection of the youth or other individuals;
(2)
Secure transportation; or
(3)
The prevention of escape.
Regulation .05 Facility Policy.LinkCopy Citation
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.
Chapter annotations
Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland
History: Effective date: June 22, 1992 (19:12 Md. R. 1136)
History: Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)