1. (a) For the purposes of this section, the following shall apply:

   1. (1) “Restraint” means bodily physical restriction, mechanical devices, or any device that immobilizes a camper or restricts the freedom of movement of the torso, head, arms, or legs;

   2. (2) Restraint shall not include:

      1. a. Physical devices used to permit a camper to participate in activities without the risk of physical harm;
      2. b. The use of seat belts, safety belts, or similar passenger restraints during the transportation of a camper in a motor vehicle;
      3. c. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a camper from falling out of bed;
      4. d. Brief touching or holding to calm, comfort, encourage, or guide a camper;
      5. e. The use of physical intervention as an emergency response to ensure the immediate physical safety of individuals when there is an imminent risk of serious bodily harm to the camper or others; or
      6. f. The use of force by a YRC staff to defend themself or a third person from what the YRC staff reasonably believes to be the imminent use of unlawful force by a camper, when the YRC staff uses a degree of such force which they reasonably believe to be necessary for such purpose and the YRC staff does not immobilize a camper or restrict the freedom of movement of the torso, head, arms, or legs of any camper;
   3. (3) “Seclusion” means the involuntary confinement of a camper alone in any room or area from which the camper is unable to exit, either due to physical manipulation by a person, lock, or other mechanical device or barrier; and
   4. (4) Seclusion shall not include the voluntary separation of a camper from a stressful environment for the purpose of allowing the camper to regain self-control, when such separation is to an area which a camper is able to leave, there is no physical barrier, and the camper is physically able to leave, or involuntary confinement of a camper to a room or area with an adult who is actively engaged with the camper to assist the camper with de-escalation.
2. (b) The use of seclusion and restraint shall not be permitted unless a YRC is operated by a NH licensed residential child care agency as defined in RSA 170-E:25, II (a) and (c)-(f).
3. (c) In accordance with the rules established in He-C 4001, before any YRC staff participates in a restraint or the use of seclusion, they shall have completed a curriculum in restraint and seclusion techniques that are designed to protect the camper from risk of serious bodily harm to the camper or others.
4. (d) Restraint and seclusion techniques used shall be consistent with the curriculum required in (c) above and be reviewed at least annually with YRC staff to maintain competency.
5. (e) YRC programs operated by a NH licensed residential child care agency as defined in RSA 170- E:25, II (a) and (c)-(f), shall comply with RSA 126-U and He-C 901 if seclusion or restraint is used, including completion of all reports and reporting requirements to the department and parents or legal guardians of campers.

Source. #12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20 New. #13073, eff 7-23-20; ss by #14046, EMERGENCY RULE, eff 8-8-24, EXPIRES: 2-4-25; ss by #14155, eff 12-21-24; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35