Children’s restraint procedures (new law)

Mental health providers will have guidelines on restraint procedures for children in certain facilities, under a new law signed April 25 by Gov. Tim Pawlenty.

Sponsored by Rep. Neva Walker (DFL-Mpls) and Sen. Linda Berglin (DFL-Mpls), the law requires providers of emergency services, family community support services, day treatment services, therapeutic support of foster care, professional home-based family treatment and mental health crisis services to have a plan for when and under what conditions restrictive procedures and seclusion might be used on children.

Unless otherwise noted, the law is effective Aug. 1, 2008.

Restrictive procedures allowed under the law include physical escort, physical holding, seclusion and the limited use of mechanical restraints in emergency situations.

The law also specifies the need for oversight by a treatment center mental health professional when restraining measures are used. Parental consent will be requested at the time of program enrollment and reviewed quarterly. Immediate notification of a parent will be required if a procedure is used.

Staff who use restrictive procedures will be required to complete training in the needs and behaviors of children, including: relationship building, alternative restrictive procedures, de-escalation methods and avoiding power struggles.

A working group is created under the new law to develop recommendations on how to meet the acute mental health needs of children and adults and to reduce the number of unnecessary patient days in acute care facilities. A report is due to the Legislature by Jan. 16, 2009.

Also, the human services commissioner is to annually collect certain data from substance abuse treatment providers that receive appropriations from the Consolidated Chemical Dependency Treatment Fund. The data will include the number of client readmissions six months after release from inpatient treatment and the cost of treatment per person. This portion is effective Jan. 1, 2009.

HF3377/SF3049*/CH234