The legislation as currently drafted will severely limit appropriate staff options needed to protect children, will sometimes jeopardize children's safety, and may force young people into more restrictive settings. Unlike hospitals, residential group care is based on a non-medical model and very purposely so. On the whole, residential group care is meant to provide children with a safe, nurturing, protective, therapeutic environment while addressing their unique educational, social, behavioral, developmental, medical, and emotional needs. Just as in private families, physicians are not a part of daily interaction and behavior management. There is no way to distinguish a reassuring hug from a restraint.
Seclusion is defined broadly to include locked isolation and time-out.
There is no explanation of when a standard medication becomes a chemical restraint. It presumes that there is a clear line between a medication used for disciplinary purposes and when it is related to a patient's medical condition. The line between is very vague and a potential area of abuse. Standards should designate the responsible person not by title but rather by a mastery of experience and knowledge in matters including behavior management, de-escalation, health concerns, restraint techniques, and use of seclusion and restraints. Restraints and seclusion must only be used to ensure the physical safety of the child and all others and should never be used for purposes of discipline and convenience.