245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN FACILITIES
SERVING EMOTIONALLY DISTURBED CHILDREN.
When amending rules governing facilities serving emotionally disturbed children that
are licensed under section
245A.09 and Minnesota Rules, parts
9545.0900 to
9545.1090, and
9545.1400 to
9545.1500, the commissioner of human services shall include provisions governing
the use of restrictive techniques and procedures. No provision of these rules may encourage
or require the use of restrictive techniques and procedures. The rules must prohibit: (1) the
application of certain restrictive techniques or procedures in facilities, except as authorized in
the child's case plan and monitored by the county caseworker responsible for the child; (2) the
use of restrictive techniques or procedures that restrict the clients' normal access to nutritious
diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene facilities,
normal sleeping conditions, and necessary clothing; and (3) the use of corporal punishment. The
rule may specify other restrictive techniques and procedures and the specific conditions under
which permitted techniques and procedures are to be carried out.
History: 1990 c 542 s 6