Tennessee § 37-5-214 Use of seclusion at juvenile detention facilities

Tennessee Statutes

§ 37-5-214 — Use of seclusion at juvenile detention facilities

(a)As used in this section:

(1)"Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include:

(A)The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines;

(B)Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or (C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are un

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(a) As used in this section: (1) "Seclusion" means the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child, but does not include: (A) The segregation of a child for the purpose of managing biological contagion consistent with the centers for disease control and prevention guidelines; (B) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; or (C) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area; and (2) "Temporary" means for no more than two (2) hours. (b) This section applies to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers. (c) Seclusion shall not be used for discipline, punishment, administrative convenience, retaliation, staffing shortages, or any reason other than a temporary response to behavior that threatens immediate harm to a youth or others. Following a period of seclusion, the facility administrator may review the seclusion and authorize an additional two-hour period of seclusion if appropriate. The facility administrator shall not authorize more than two (2) subsequent, consecutive periods of seclusion or more than six (6) total hours of seclusion within a twenty-four-hour period. The department may, by rule or policy, provide alternative options for a child who cannot safely rejoin the rest of the resident population following the maximum period of seclusion authorized by this subsection (c).

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