NH Law Limiting Restraint & Seclusion

NH Law Limiting Restraint & Seclusion

The use of restraint and seclusion puts children at risk of physical and emotional harm.  In addition, neither restraint nor seclusion are effective means to reduce problem behavior.

RSA 126-U is a state law that limits the use of restraint and seclusion of children by schools and by certain providers of residential services and treatment to children. It restricts the use of restraint and seclusion only to emergency situations when no other intervention will prevent the substantial and imminent risk of serious bodily harm to the child or someone else. More information about this law can be found in our Restraint and Seclusion in School brochure.

There are specific rules regarding the use of restraint and seclusion that apply to designated receiving facilities that provide psychiatric treatment to children and adults, such as New Hampshire Hospital. See our Restraint and Seclusion While at the Hospital: What are my rights? brochure.  Medicaid law similarly restricts the use of restraint and seclusion on both adults and children in facilities that accept Medicaid.

DRC-NH works to end unnecessary restraint and seclusion and the abuse and neglect of all people with disabilities. We have federal authority to monitor and investigate programs that serve people with disabilities. For examples of our work in this area, see the reports of our investigations of the Sununu Youth Services Center.