Section He-C 901.05 - Duty to Report and Record-Keeping Requirements for Facilities Other Than Foster Family Homes(a) Unless prohibited by a court order, the director of the facility, or his or her designee, shall verbally notify the child's parent, guardian, or legal representative as soon as possible whenever seclusion or restraint has been used on a child. (b) The notification in (a) above shall be made:(1) In a manner which provides actual notice to the parent, guardian, or legal representative, which means making direct contact or receiving confirmation that an electronic notification has been received; and (2) No later than the end of the business day.(c) A facility employee who uses seclusion or restraint, or, if the employee is unable, his or her supervisor, shall immediately verbally notify the director of the facility, or his or her designee, of the occurrence. (d) Within 5 business days of the occurrence, the employee or, if the employee is unable, his or her supervisor, shall submit a written notification to the director or his or her designee. (e) The written notification in (d) above shall include the following information, pursuant to RSA 126-U:7, II: (1) The date, time, and duration of the use of seclusion or restraint; (2) A description of the actions of the child before, during, and after the occurrence; (3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint; (4) The names of the persons involved in the occurrence; (5) A description of the actions of the facility employees involved before, during, and after the occurrence; (6) A description of any interventions used prior to the use of the seclusion or restraint; (7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary; (8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint; (9) A description of any property damage associated with the occurrence; (10) A description of actions taken to address the emotional needs of the child during and following the incident;(11) A description of future actions to be taken to control the child's problem behaviors; (12) The name and position of the employee completing the notification; and (13) The anticipated date of the final report by the facility detailing the information in (1) through (12) above.(f) Unless prohibited by court order, the director of the facility, or his or her designee, shall, within 2 business days of receipt of the notification required in (d) above, send the information contained in the notification to the child's parent, guardian, or legal representative. (g) The notification in (d) above shall be retained by the facility for review by the department in accordance with RSA 126-U:9. (h) In cases involving death or serious injury to a child subject to restraint or seclusion, facilities shall immediately alert law enforcement of the incident; (i) In addition to (h) above, the facility shall immediately notify the department and follow any procedures outlined in the facility's policies or procedures pursuant to He-C 901.04(b) .(j) In addition to (h) above, the facility shall within 5 business days of the death or serious injury, submit a written report to the commissioner, the attorney general, and the disability rights center. (k) The written report in (j) above shall:(1) Adhere to the notice requirements in (e) above; and(2) Be retained by the facility for review by the department in accordance with RSA 126-U:9.N.H. Admin. Code § He-C 901.05
Derived from Volume XL Number 50, Filed December 10, 2020, Proposed by #13135, Effective 11/24/2020, Expires 11/24/2030