1. A. Use by an employee of locked door seclusion or restraint is governed by the policy applicable to the facility.

2. B. A facility's policy shall address a youth's right to:

   1. (1) A hearing before an impartial hearing officer;

   2. (2) Advance written notice of the:

      1. (a) Date, time, and location of the hearing, and
      2. (b) Availability and name of a child advocate;
   3. (3) Be heard and present witnesses;
   4. (4) Confront adverse witnesses;
   5. (5) Appeal the decision; and
   6. (6) Expungement of the records from the youth's file if the youth prevails at the hearing.

3. C. A facility's policy, based upon the facility's physical structure and personnel, shall describe:

   1. (1) The permissible locations for locked door seclusion;
   2. (2) The supervision that shall be provided when locked door seclusion or restraints are used;
   3. (3) The services or treatment considered appropriate as a result of a youth's conduct; and
   4. (4) A process for releasing a youth from locked door seclusion or restraints.

Authority: Human Services Article, §§9-226—9-229, Annotated Code of Maryland

Effective date: June 22, 1992 (19:12 Md. R. 1136)

Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067)