La. Admin. Code tit. 48 § I-1107

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1107 - Seclusion and Time Out

A. (3.11) No child (classmember) shall be placed alone in a locked room, either as punishment or for any other purpose. Legitimate "time out" procedures may be utilized under close and direct professional supervision. DHHR interprets this requirement as applicable to prescriptions for legend drugs only.

B. (3.12) These standards shall apply to "time out" procedures:

1. (3.121) they are to be imposed only when less restrictive measures are not feasible;

2. (3.122) placement shall be in an unlocked room with a staff member constantly nearby in a place where the staff member can supervise the child (classmember);

3. (3.123) the child (classmember) shall have access to bathroom facilities as needed;

4. (3.124) the period of isolation or segregation shall not exceed 12 hours unless renewed by a qualified professional;

5. (3.125) except in an emergency situation in which it is likely that a child (classmember) would harm himself or others, the decision to a place a child (classmember) in "time out" shall be made pursuant to a written order by a qualified professional, following a personal interview with the child (classmember) and an evaluation of the episode or situation said to require isolation or segregation. Any such order must specify the terms and conditions of "time out" and the rationale for the decision; and

6. (3.126) emergency use of "time out" shall be limited to a period of not more than one hour and shall conform to all of the provisions set forth in Paragraphs B.1-6 of this Section. (The attention of the parties is invited to the situation that may be presented by a child (classmember) who may harm himself or others by running away repeatedly. Their suggestions with respect to appropriate additional provisions are invited.)

C. Illustrations

1. An auditor reported that seclusion was frequently employed as punishment.

2. An auditor reported that on a specific date a classmember was left in the quiet room by staff. The auditor also observed that the classmember was left unattended in the quiet room for more than an hour and that the classmember was not checked during that time.

La. Admin. Code tit. 48, § I-1107

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with Gary W. et al vs. State of Louisiana et al, Civil Action 74-2412.