1 Public Health; Limiting the Use of Child Restraint Practices; Definition of Seclusion Modified. Amend RSA 126-U:1, V-a(b) to read as follows:

(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.

2 Limitation on the Use of Restraint to Emergencies Only; Substantial and Serious Bodily Harm Removed. Amend RSA 126-U:5, I to read as follows:

I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

3 Effective Date. This act shall take effect 60 days after its passage.

1 Public Health; Limiting the Use of Child Restraint Practices; Definition of Seclusion Modified. Amend RSA 126-U:1, V-a(b) to read as follows:

(b) The term shall not include: the involuntary 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.

2 Limitation on the Use of Restraint to Emergencies Only; Substantial and Serious Bodily Harm Removed. Amend RSA 126-U:5, I to read as follows:

I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is an imminent risk of bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a risk of bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

3 Effective Date. This act shall take effect 60 days after its passage.