(1) Notwithstanding the provisions of section 26-20-103 to the contrary, if the division of youth services holds a youth in seclusion in any secure state-operated or state-owned facility:
A staff member shall check the youth's safety at varying intervals, but at least everyfifteen minutes;
Within one hour after the beginning of the youth's seclusion period, and every hourthereafter, a staff member shall notify the facility director or his or her designee of the seclusion and receive his or her written approval of the seclusion; and
Within twelve hours after the beginning of the youth's seclusion period, the divisionof youth services shall notify the youth's parent, guardian, or legal custodian and inform that person that the youth is or was in seclusion and the reason for his or her seclusion.
(2) (a) A youth placed in seclusion because of an ongoing emergency must not be held in seclusion beyond four consecutive hours, unless the requirements of paragraph (b) of this subsection (2) are satisfied.
(b) If an emergency situation occurs that continues beyond four consecutive hours, the division of youth services may not continue the use of seclusion for that youth unless the following criteria are met and documented:
A qualified mental health professional, or, if such professional is not available, thefacility director or his or her designee, determines that referral of the youth in seclusion to a mental health facility is not warranted; and
The director of the division of youth services, or his or her designee, approves at orbefore the conclusion of four hours, and every hour thereafter, the continued use of seclusion.
(c) A youth may not be held in seclusion under any circumstances for more than eight total hours in two consecutive calendar days without a written court order.
(3) Notwithstanding any other provision of this section, the division of youth services may place a youth alone in a room or area from which egress is involuntarily prevented if such confinement is part of a routine practice that is applicable to substantial portions of the population. Such confinement must be imposed only for the completion of administrative tasks and should last no longer than necessary to achieve the task safely and effectively.
Source: L. 2016: Entire section added, (HB 16-1328), ch. 345, p. 1403, § 4, effective June 10. L. 2017: IP(1), (1)(c), IP(2)(b), (2)(b)(II), and (3) amended, (HB 17-1329), ch. 381, p. 1983, § 62, effective June 6.