Vote Smart's Synopsis:

Vote to pass a bill that requires institutions to use safe and humane practices of restraint on children in Pennsylvania.

Highlights:

• Requires that restrictive procedures including the following only be used as a last resort to protect a child from behavior that poses a serious and immediate threat of harm (Sec. 1):

• Chemical restraints;

• Manual restraints;

• Mechanical restrains;

• Seclusion;

• Exclusion;

• Strip searches; and

• Body cavity searches.

• Prohibits the use of restrictive procedures – including restrictions on a child’s right to privacy, mail, phone calls, in-person visitation with family, and a quality education – from being used as punishment or for administrative conveniences (Sec. 1).

• Specifies that inappropriate use of restrictive procedures is grounds for a full investigation, including criminal investigation, and license revocation (Sec. 1).

• Specifies that a limited period of cool down or time out do not qualify as an inappropriate use of restrictive procedures if the child’s behavior is creating an imminent risk of harm and support staff is made available to help calm the child (Sec. 1).

• Specifies that strip searches and body cavity searches may only be conducted as a last resort when there is probable cause that the child possesses drugs or a weapon, and must be conducted by an outside medical provider in an area that maintains the child’s privacy (Sec. 1).

• Requires facilities to provide regular training to staff on cultural competence and evidence-based models for recidivism reduction in addition to the standard required training relating to children at residential and day treatment facilities (Sec. 1).

• Requires that children and their families are properly granted understanding of how to report a grievance or any instances of unsafe or inhumane care, without fear of retaliation (Sec. 1).

• Requires quarterly public reports on certain facilities as ordered by the court regarding their use of restrictive procedures (Sec. 1).

• Specifies that this Act will take effect 60 days after passage (Sec. 2).

Full Bill Text