Current through October 23, 2024
Section 465 IAC 2-9-58 - Confinement roomsAuthority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
Affected: IC 12-17.4
Sec. 58.
(a) Prior to the establishment of a confinement room, the institution shall have written approval from the SDPW.(b) A confinement room shall be used only when a child: (1) is in danger of harming himself or herself or others; and(2) has not responded to any other treatment approaches.(c) A confinement room shall be used for treatment purposes only, not as a disciplinary measure nor as a substitute for supervision.(d) The institution shall have and use written policies for the use of a locked confinement room. The policies shall include the following:(1) A definition of the circumstances that justify the use of confinement.(2) A maximum time period for each episode of confinement not to exceed: (A) fifteen (15) minutes for a child less than ten (10) years of age; or(B) one (1) hour for a child ten (10) years of age and over.(3) Record keeping of each confinement episode as noted in subsection (h).(4) A clear designation of persons who have authority to approve the confinement period.(5) Directions for removal of all dangerous items from the child, such as:(F) any other items; that represent a potential hazard during confinement.
(e) Written policies for the use of confinement shall be distributed to staff, and there shall be documented orientation provided to staff in the policies and use of confinement.(f) An awake staff member trained in emergency interventions shall continuously maintain direct observation of the child during the confinement to assess the child's physical and emotional well-being.(g) A review of the use of confinement shall be made quarterly by the administrator or the program director to analyze the following: (1) The therapeutic value of each confinement episode.(2) Safety considerations.(3) Appropriate utilization of confinement.(4) Adherence to the general policy of confinement as established in subsection (d).(h) An entry shall be made in a log or record book of each confinement episode. Recording shall include the following information:(1) The circumstances leading to confinement.(2) The period of time a child was confined.(3) The name of the staff person observing the child's confinement.(4) Behavioral observations of the child.(i) Notation of each confinement shall be placed in the individual case record of the child.(j) Confinement rooms shall be constructed and maintained in the following manner: (1) In compliance with Group I, Division 3 occupancy under 675 IAC 13, the Indiana Building Code.(2) Equipped and sized for therapeutic use with at least:(A) thirty-six (36) feet of floor space; and(B) eight (8) feet high ceilings.(3) All doors, ceilings, and walls are constructed of such strength and material that no harm can come to the occupant.(4) All switches controlling lights, ventilation, or other mechanical systems are on the outside of the room.(5) No functional electrical outlets are located in the room.(6) A window is provided to allow for a visual check of the child without entering the room.(7) Windows are secured and protected so as to prevent harm to the occupant.(8) Ceiling lights are provided, protected, and recessed.(9) The room is heated, cooled, and ventilated as required under 675 IAC.(10) A smoke detector is located in a position adequate to detect any smoke or fume hazard to the person confined. Department of Child Services; 465 IAC 2-9-58; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1969; errata, 14 IR 2259; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed November 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFAReadopted filed 10/10/2019, 10:42 a.m.: 20191106-IR-465190320RFA Transferred from the Division of Family Resources ( 470 IAC 3-11-58) to the Department of Child Services ( 465 IAC 2-9-58) by P.L. 234-2005, SECTION 195, effective July 1, 2005.