Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 384 - BEHAVIOR TREATMENT IN RESIDENTIAL CHILD CARE FACILITIES
Section 384.70 - Behavior Management Requirements for the Use of Seclusion
Current through Register Vol. 48, No. 38, September 20, 2024
Seclusion is limited to children age six and older who have been placed in a child care facility and who pose a threat of physical harm to themselves or others. Such threat may include any dangerous behavior reasonably expected to lead to physical harm to self or others. Seclusion shall not be used until after other, less restrictive procedures or measures have been explored and found to be inappropriate. Seclusion shall not be used for a child whose medical condition, mental illness or developmental or psychological status contraindicates the use of the technique, as documented in the individual treatment plan.
a) Seclusion may be administered provided:
b) Seclusion may be used to prevent runaway only when the child presents a threat of physical harm to self or others.
c) Seclusion shall not be used as discipline for rule infractions or for the convenience of staff.
d) Each use of seclusion shall be reported as soon as practicable and a written record forwarded within 24 hours to the administrator of the facility or designee, the assigned caseworker in the facility, and the social work supervisor. The administrator of the facility or designee shall approve or disapprove the use of seclusion under the circumstances described and shall indicate review and approval/disapproval by signing and dating the report. If the administrator or designee disapproves the use of seclusion in this instance, the administrator or designee shall state the reasons for disapproval and shall correct the improper use of seclusion. If the use of seclusion results in an injury requiring emergency medical treatment by a physician, the senior facility administrator shall be notified immediately.
e) A written report shall be created and maintained for each episode of seclusion. This report shall state the events and behavior leading to the initiation of seclusion; any additional behavior presented by the child during the seclusion period that required continuation of seclusion; the date of the occurrence; the age, height, weight, sex and race of the secluded child; the precipitating incidents; the persons (including other peers) who participated in secluding the child; any witnesses to the precipitating incident and subsequent seclusion; the exact methods of confinement used; the beginning and ending time of the seclusion; and a detailed description of any injury occurring as a result of the incident and seclusion. The supervisor on duty at the time of the incident and seclusion shall review the report submitted by the child care staff, inquire into any irregularities, and sign and date the written report indicating the date it was reviewed.
f) Upon request, the child's parents (unless parental rights have been terminated), guardian and attorney shall be notified in writing within two business days when a child remains in seclusion for two hours and within 12 hours when seclusion results in injury. Communication to the child's parent or guardian shall be conducted in the parent's or guardian's primary language or preferred mode of communication.
g) All seclusion episodes lasting longer than 15 minutes beyond the time that indicated behaviors have ceased, or lasting longer than two hours in total, are considered highly restrictive and should be a rare occurrence. Copies of the facility's documentation of the event must be forwarded to the Department of Children and Family Services, Attention: Chief of Licensing, Central Office of Licensing, 406 E. Monroe Street, Station #60, Springfield, Illinois 62701, for an independent clinical review.