|(a) Safety-based seclusion may be used only when a
reasonable belief exists, based on a resident's current behavior,
that one or more of the following is true:
(1) the resident is a serious and probable escape risk;
(2) the resident is a serious and probable physical
danger to others and staff cannot protect them except by placing the
resident in safety-based seclusion;
(3) confinement is necessary to prevent probable and
substantial damage to property;
(4) confinement is necessary to control behavior that
disrupts programming to the extent that the current program cannot
continue except by placing the resident in safety-based seclusion;
(5) the resident is likely to interfere with a pending
or ongoing investigation or a requested or scheduled disciplinary
(b) A written report that describes the resident's
precipitating behavior and identifies the staff's response shall be:
(1) completed no later than the end of the shift on
which the safety-based seclusion begins; and
(2) submitted immediately upon completion to the facility
administrator for review.
(c) A mental health provider shall be consulted before
the end of the 24th hour of safety-based seclusion if the resident
has a known diagnosis of a serious mental illness, a known diagnosis
of severe or profound intellectual disability, and/or a current designation
as high or moderate risk for suicide. If the seclusion occurs on a
holiday or weekend and no mental health provider is available, the
facility administrator or designee shall notify the mental health
provider of the seclusion. The facility administrator or designee
shall consult with the mental health provider as soon as possible
after the notification.
(d) While a resident is in safety-based seclusion,
a juvenile supervision officer shall personally observe and record
the resident's behavior at random intervals not to exceed 15 minutes
unless supervision requirements in §343.348 or §343.350
of this title apply.
(e) At any time before or after a safety-based seclusion
review, the seclusion shall be immediately discontinued if the facility
administrator or designee determines seclusion is no longer warranted.
(f) The time a resident spends in safety-based seclusion
shall be counted from the time he/she is placed in safety-based seclusion
until the time he/she is formally released from safety-based seclusion.
The time shall be continuous and include program and non-program hours.
(g) Prior to the 72nd hour of safety-based seclusion,
the facility shall prepare a written reintegration plan and review
the plan with the resident. The plan shall include specific behaviors
required for release from safety-based seclusion.
(h) If a resident poses an imminent threat to facility
safety or security and services required in §343.274(b)(3)(K)
of this title are temporarily restricted, the facility shall maintain
documentation of each restriction and the justification.