Section 84322.1 - Protective Separation Room(a) In addition to Section 84322, any licensee with an approved emergency intervention plan which includes the use of a protective separation room, must comply with the following requirements: (1) No protective separation room may be used for another purpose, e.g. bedroom, bathroom, storage.(2) No protective separation room may be used without a fire clearance from the local fire authority. (A) The request for the fire clearance must be made through and maintained by the Department.(3) No protective separation room may be used without prior inspection and approval by the Department.(4) Protective separation rooms must be safe and free of hazards such as objects or fixtures which can be broken or used by a child to inflict injury to themself or others.(5) Procedures regarding the use of the protective separation room must be included in the manual restraint plan component of the emergency intervention plan. These procedures must include the following to ensure a child's safety when placed in a protective separation room:(A) Facility personnel must maintain direct visual contact with the child at all times, and be free from other responsibilities, to ensure the child's safety while in the room. 1. Facility personnel must remain in the room, when necessary, to prevent injury to the child.(B) Facility personnel must ensure that there are no objects in the child's possession that could be used to inflict injury to themself or others while in the protective separation room.(C) No more than one child shall be placed in the protective separation room at any one time.(D) Physical abuse, corporal punishment, threats or prohibited restraints may not be used as a method for placing a child in the protective separation room.(6) In addition to Section 84322(i), facility social work personnel and the child's authorized representative must indicate, in writing, in the child's needs and services plan if the child may be placed in the protective separation room.(7) A child placed in a protective separation room may not be deprived of eating, sleeping, toileting or other basic daily living functions.(8) Exiting from a protective separation room may not be prevented by the use of locking or jamming devices.(A) The door may be held shut in a manner that allows for immediate release upon removal of a staff member's foot, hand, and/or body.Cal. Code Regs. Tit. 22, § 84322.1
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.
1. Renumbering and amendment of former section 84802.1 to section 84322.1 filed 1-17-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 4).
3. Change without regulatory effect renumbering and amending former section 84802.1 to section 84322.1 filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
4. Amendment of subsections (a)(4) and (a)(5)(B) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).