New Hampshire Revised Statutes 126-U:7 – Notice and Record-Keeping Requirements
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I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child’s parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification, on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
(a) The date, time, and duration of the use of seclusion or restraint.
(b) A description of the actions of the child before, during, and after the occurrence.
(c) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint.
(d) The names of the persons involved in the occurrence.
(e) A description of the actions of the facility or school employees involved before, during, and after the occurrence.
(f) A description of any interventions used prior to the use of the seclusion or restraint.
(g) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary.
(h) 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.
(i) A description of any property damage associated with the occurrence.
(j) A description of actions taken to address the emotional needs of the child during and following the incident.
(k) A description of future actions to be taken to control the child’s problem behaviors.
(l) The name and position of the employee completing the notification.
(m) The anticipated date of the final report.
III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under N.H. Rev. Stat. Chapter 541-A by the state board of education and the department of health and human services.
IV. Whenever a facility or school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the child’s parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.
V. In any case requiring notification under paragraph IV, the school or facility shall, within 5 business days of the occurrence, prepare a written description of the incident. Such description shall include at least the following information:
(a) The date and time of the incident.
(b) A brief description of the actions of the child before, during, and after the occurrence.
(c) The names of the persons involved in the occurrence.
(d) A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.
(e) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.
VI. The notification and record-keeping requirements of paragraphs IV and V shall not apply in the following circumstances:
(a) When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, the requirements of paragraphs IV and V shall apply.
(b) When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.
(c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirements.
(d) When an incident is subject to the requirements of paragraphs I-III.
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification, on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
Terms Used In New Hampshire Revised Statutes 126-U:7
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) The date, time, and duration of the use of seclusion or restraint.
(b) A description of the actions of the child before, during, and after the occurrence.
(c) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint.
(d) The names of the persons involved in the occurrence.
(e) A description of the actions of the facility or school employees involved before, during, and after the occurrence.
(f) A description of any interventions used prior to the use of the seclusion or restraint.
(g) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary.
(h) 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.
(i) A description of any property damage associated with the occurrence.
(j) A description of actions taken to address the emotional needs of the child during and following the incident.
(k) A description of future actions to be taken to control the child’s problem behaviors.
(l) The name and position of the employee completing the notification.
(m) The anticipated date of the final report.
III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under N.H. Rev. Stat. Chapter 541-A by the state board of education and the department of health and human services.
IV. Whenever a facility or school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the child’s parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.
V. In any case requiring notification under paragraph IV, the school or facility shall, within 5 business days of the occurrence, prepare a written description of the incident. Such description shall include at least the following information:
(a) The date and time of the incident.
(b) A brief description of the actions of the child before, during, and after the occurrence.
(c) The names of the persons involved in the occurrence.
(d) A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.
(e) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.
VI. The notification and record-keeping requirements of paragraphs IV and V shall not apply in the following circumstances:
(a) When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, the requirements of paragraphs IV and V shall apply.
(b) When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.
(c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirements.
(d) When an incident is subject to the requirements of paragraphs I-III.