New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 442 - Institutions › Section 442.2 - De-Escalation Rooms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 the purpose of this section, a de-escalation room means a room approved by the
			 Office of Children and Family Services where a child may voluntarily be placed
			 for clinical purposes when the circumstances meet the needs identified in the
			 child's support plan or individualized crisis intervention plan. De-escalation
			 rooms may only be used to assist in calming a child's escalating behavior.
			 De-escalation rooms shall not be used as a form of punishment or for the
			 convenience of staff. An institution may use de-escalation room(s) only in
			 accordance with the standards set forth in this section. The term de-escalation
			 rooms, as used in this section does not apply to therapeutic sensory
			 rooms.
(b) A child that is
			 seriously depressed, has a cognitive or developmental disability or has a
			 seizure disorder shall never be placed in deescalation rooms.
(c) Use of de-escalation rooms must be
			 voluntary at the time the intervention is used and throughout its use.
			 Voluntary means that any child being placed in a de-escalation room must agree
			 to this intervention. Absent a risk/safety assessment and determination that
			 the child is in imminent danger of inflicting self-harm, harming another
			 individual,or the child's express request when such request is consistent with
			 the child's individualized crisis intervention plan, the duration of a child
			 placed in a de-escalation room shall not exceed two hours.
(d) Any instance where a child remains in a
			 deescalation room for more than two hours in any 24-hour period, or is returned
			 to a deescalation room two or more times during any seven-day period, must be
			 approved by the director of the institution. In addition, the staff persons
			 involved must discuss with their supervisors the events leading to the use of
			 the de-escalation room, the reasons the period was prolonged or used
			 frequently, and the child's continued request to be placed in the de-escalation
			 room, or the imminent concern leading to the extended stay. A summary of such
			 supervisory conference shall be recorded and kept in the child's case
			 record.
(e) Every effort shall be
			 made to return the child to the regular program of care as quickly as
			 possible.
(f) A staff person(s)
			 shall maintain supervision and direct visual observation of the child for the
			 duration the child is in the de-escalation room.
(g) Each child in a de-escalation room shall
			 have access to bathroom and toilet facilities. In no instance shall a child be
			 prohibited from receiving regular meals.
(h) The agency's medical department must be
			 alerted to each instance of placement of a child in a de-escalation room. Any
			 child in a de-escalation room for two or more hours must be assessed by either
			 a medical or mental health professional as soon as practicable upon exiting a
			 de-escalation room, but no later than the next day if the instance occurred
			 after the close of business hours.
(i) Each room used for de-escalation shall be
			 heated, lighted, and ventilated as any other room in the facility and be
			 located in a main program area, or within close proximity to a main program
			 area. The de-escalation room is intended to be a soothing environment, and at a
			 minimum, shall have:
(1) a door with an
			 observation window made of an unbreakable material that allows a total view of
			 the room;
(2) no exposed electrical
			 outlets;
(3) conspicuous display
			 of signage advising the child of their right to voluntarily enter and leave the
			 de-escalation room at a time of their choosing; and.
(4) furniture that provides for a level of
			 comfort to aid in de-escalation, while also considering potential risks
			 associated with such furniture given that the nature of the room is to
			 de-escalate children. Any room(s) used for de-escalation shall be inspected by
			 the department architect to determine if the wall construction is sufficient to
			 withstand attacks from a violent child.