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SECTION 483-E
Restraint and crisis intervention technique committee
Social Services (SOS) CHAPTER 55, ARTICLE 10-C
§ 483-e. Restraint and crisis intervention technique committee. 1.
Committee established. There is hereby established within the council a
restraint and crisis intervention technique committee comprised of the
commissioner of children and family services, the commissioner of mental
health, the commissioner of the office for people with developmental
disabilities, the commissioner of education and the commissioner of
health. The committee shall include at least two representatives of
statewide and regional provider organizations that represent providers
of educational and residential services to children, at least two mental
health professionals who provide direct care on a regular basis to
children served by the program types provided in subdivision two of this
section and at least one representative of parents of children requiring
special services.

2. Establishment of coordinated standards. The committee shall
identify the most effective, least restrictive and safest techniques for
the modification of a child's behavior in response to an actual or
perceived threat by such child of harm or bodily injury to such child,
or to another person, where such child is a resident of, or otherwise
served by a residential treatment facility, a children's day treatment
program, a family based treatment home, a community residence, an
individualized residential alternative, a family care home, day
habilitation, day treatment, an intermediary care facility, residential
habilitation, an agency operated boarding home, an approved private
residential school or an approved private non-residential school. Such
techniques shall include, but not be limited to, the use of physical
restraint, therapeutic crisis intervention, crisis management or such
other de-escalation techniques designed to help staff assist children to
manage crisis situations. The committee shall review models of crisis
prevention and intervention, including the use of physical restraints.
The committee shall establish uniform and coordinated standards giving
preference to the least restrictive alternative for the use of such
techniques in such children service settings.

3. Recommendations and report. The committee shall develop additional
recommendations regarding crisis intervention as it deems appropriate
including, but not limited to, appropriate staffing patterns to safely
implement such techniques, specific training curriculum and regulatory
amendments governing the oversight of staff training efforts implemented
by the commissioners. Such recommendations, together with proposed
regulations relating thereto, shall be included in a report submitted to
the governor and the legislature no later than September first, two
thousand seven.

4. Future responsibilities. In addition to the duties provided in
subdivisions one through three of this section, the committee shall have
the following responsibilities:

(a) the committee shall report to the governor and legislature, on or
before October thirty-first, two thousand nine, on the progress made to
implement the recommendations outlined in the September, two thousand
seven report; on aggregate agency-specific data and improvements in
agency-specific tracking systems in order to provide evidence of system
changes; and shall revise the report to specifically include children's
day treatment programs and any other setting serving children that
authorizes the use of restraints in each of the findings and
recommendations presented in such report; and

(b) the committee shall report to the governor and legislature, no
later than October thirty-first, two thousand ten, and each year
thereafter, on the progress made to implement the recommendations
outlined in the September, two thousand seven report, and any new
recommendations made in the two thousand nine report, along with any
other outstanding issues and recommendations for implementing uniform
and coordinated standards that the committee deems appropriate. The
committee shall include in its report the implementation of the
coordinated standards by each agency, including but not limited to the
revision and coordination of regulations, modifications to training
curricula and staffing models, and may include a recommendation as to
whether the committee should be continued as its exists, expanded, or
discontinued.