CHAPTER 75
SB 179 - FINAL VERSION
03/09/2023 0642s
2023 SESSION
23-0577
06/05
SENATE BILL 179
SPONSORS: Sen. Altschiller, Dist 24; Sen. Carson, Dist 14; Sen. Chandley, Dist 11; Rep. Long, Hills. 23; Rep. Grossman, Rock. 11
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/09/2023 0642s 23-0577
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
75:1 Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities; Prohibiting the Use of Seclusion. Amend RSA 126-U:5-a to read as follows:
126-U:5-a Limitation on the Use of Seclusion.
I. Seclusion [may not be used as a form of punishment or discipline] shall never be used explicitly or implicitly as punishment or discipline for the behavior of a child. It may only be used when a child's behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated.
II. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.
III. Seclusion shall not be used in a manner that [that] unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.
75:2 Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities; Definitions. RSA 126-U:1, V-a is repealed and reenacted to read as follows:
V-a.(a) "Seclusion" means: the involuntary confinement of a child alone in any room or area from which the child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier, or from which the child reasonably believes they are not free to leave; or, the involuntary confinement of a child to a room or area, separate from their peers, with one or more adults who are using their physical presence to prevent egress.
(b) The term shall not include: the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave; circumstances in which there is no physical barrier, and the child is physically able to leave; or involuntary confinement of a child to a room or area with an adult who is actively engaging in a therapeutic intervention. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.
75:3 New Paragraph; Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities; Conditions of Seclusion. Amend RSA 126-U:5-b by inserting after paragraph II the following new paragraph:
III. When seclusion is used, school or facility staff shall designate a co-regulator to monitor the child and develop a plan to help the child manage their state of regulation and their return to a less restrictive setting. The co-regulator shall check the child at regular intervals not to exceed 30 minutes between any one interval. The co-regulator shall be selected and designated in the following order of preference:
(a) A trusted adult selected by the child.
(b) A clinician or counselor trained in trauma informed practices.
(c) A staff member known to have a positive relationship with the child.
(d) A staff member who was not involved in the incident leading to seclusion.
75:4 Notice and Record-Keeping Requirements. Amend the introductory paragraph of RSA 126-U:7, II to read as follows:
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification, on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
75:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 07, 2023
Effective Date: August 06, 2023
| Date | Amendment |
|---|---|
| Feb. 22, 2023 | 2023-0642s |
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2023 | Senate | Hearing |
| Feb. 9, 2023 | Senate | Floor Vote |
| Feb. 23, 2023 | Senate | Floor Vote |
| Feb. 22, 2023 | Senate | Floor Vote |
| March 9, 2023 | Senate | Floor Vote |
| March 28, 2023 | House | Hearing |
| March 28, 2023 | House | Exec Session |
| March 28, 2023 | House | Floor Vote |
June 8, 2023: Signed by the Governor on 06/07/2023; Chapter 0075; Effective 08/06/2023
May 31, 2023: Enrolled Adopted, VV, (In recess 05/18/2023); SJ 16
May 31, 2023: Enrolled (in recess of) 04/18/2023
May 4, 2023: Ought to Pass: MA VV 05/04/2023 HJ 13 P. 3
April 10, 2023: Committee Report: Ought to Pass 03/28/2023 (Vote 14-0; CC)
April 10, 2023: Executive Session: 03/28/2023 10:15 am LOB 206-208
March 23, 2023: Public Hearing: 03/28/2023 10:15 am LOB 206-208
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Children and Family Law
March 9, 2023: Ought to Pass with Amendment 2023-0642s, MA, VV; OT3rdg; 03/09/2023; SJ 9
March 9, 2023: Sen. Whitley Floor Amendment # 2023-0642s, AA, VV; 03/09/2023; SJ 9
Feb. 22, 2023: Committee Report: Ought to Pass, 03/09/2023; SC 12
Feb. 22, 2023: Special Order to 03/09/2023, Without Objection, MA; 02/22/2023 SJ 8
Feb. 22, 2023: Sen. Carson Moved to Remove SB 179 from the Consent Calendar; 02/22/2023; SJ 8
Feb. 9, 2023: Committee Report: Ought to Pass, 02/22/2023; Vote 5-0; CC; SC 11
Feb. 8, 2023: Committee Report: Ought to Pass, 02/09/2023; Vote 5-0; CC; SC 9A
Feb. 2, 2023: Hearing: 02/07/2023, Room 100, SH, 01:45 pm; SC 9
Jan. 20, 2023: Introduced 01/19/2023 and Referred to Judiciary; SJ 5