Including group homes, Developmental Disability Centers (DDC), and the Comprehensive Transitional Education Program (CTEP or “Carlton Palms”)
In Florida, an individual who has a developmental disability (DD) can only be restrained to control behaviors that create an emergency or crisis situation. Restraint means the immobilization of a person’s body in order to restrict movement by physically holding or by the use of mechanical devices or medications. Restraint does not include health related protective medical devices, orthopedic equipment, or other restraints used for medical treatment, devices used to support functional body position, or equipment used for safety during transportation. Chemical restraint requires a doctor’s order, and other forms of restraint require the authorization of a Certified Behavior Analyst or other qualified individual as outlined in the state rules. All forms of restraint require specific documentation. Restraint is not to be used as punishment, to compensate for inadequate staffing or for the convenience of staff.
It’s important to remember that every effort should be made by staff to avoid unnecessary use of restraints, and should therefore try to redirect and diffuse problem behavior before it reaches crisis proportions.
Each facility or provider has developed its own policies and procedures related to the use of restraint. If you want to know what they are, ask the facility administrator for a copy.
Restraint must not be implemented automatically or as part of a slow-down plan for undesirable behavior. Each facility or provider must have policies and procedures related to the use of restraints (physical, including four point restraint, mat wrap, range of motion, and chemical restraint) that follow the standards outlined in the Florida Administrative Code (F.A.C.) 65G-8. Upon initiating a restraint procedure on a person with developmental disabilities (DD), staff must immediately notify the highest-level direct care supervisor. Restraints must be terminated immediately when the emergency ends.
Restraints can only be used if a sufficient number of trained and certified staff is available to ensure its safe implementation. Staff must meet certain qualifications that are outlined by the State of Florida. Staff must be trained using an emergency procedure curriculum that has been approved by the Agency for Persons with Disabilities (APD).
Restraints lasting longer than one hour require approval by a designated staff person, or “authorizing agent”. A person cannot be restrained for more than two hours without the authorizing agent performing a visual review and approval of the procedure. Each use of restraints, however, requires continuous staff monitoring.
If a person with a developmental disability is restrained more than two times in any thirty-day period or six times in any twelve-month period, then the facility or provider should submit a request for behavioral analysis services for that person, including documentation of the frequency of “reactive strategies” (seclusion and restraint) use. This means that a behavioral assessment must be conducted to determine why the individual is engaging in the dangerous behavior, and that an individualized behavior intervention plan must be put in place.
When a person is admitted to a facility or program, the facility or program must obtain information about the individual that relates to the use of “reactive strategies” (seclusion and restraint). This information should come from a variety of sources, be documented in the person’s records, and be updated at least annually. Information should include:
Restraint cannot be used on a “PRN” or “as required” basis. Restraint cannot be used if it may worsen a known medical or physical condition. Any procedure that might restrict or obstruct an individual’s airway or impair breathing, including techniques where staff applies pressure to the head, neck, back, chest, abdomen, or joints may not be used. In addition, a person’s hands may not be restrained behind his or her back.
Every facility or program should have a complaint process in place to investigate complaints made by a person in the facility or by a guardian, family member, friend or other interested individual. Sometimes this is called a “grievance” process. If you believe that a person has been unjustly restrained, or secluded in a manner that violated the person’s rights you may also contact:
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