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RSA 126-U:5 · Limitation of the Use of Restraint to Emergencies Only

126-U:5 Limitation of the Use of Restraint to Emergencies Only. –

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I.

Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

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II.

Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child. Source. 2010, 375:2. 2014, 324:5, eff. Sept. 30, 2014.

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Source note

Source. 2010, 375:2. 2014, 324:5, eff. Sept. 30, 2014.

Source history

  • 2010, 375:2
  • 2014, 324:5, eff. Sept. 30, 2014

Related materials

Bill relationships

  • 2026 HB1688 amend

    present, if the other elements of this definition are satisfied. 2 Limitation on the Use of Restraint to Emergencies Only; Substantial and Serious Bodily Harm Removed. Amend RSA 126-U:5, I to read as follows: I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is [a substantial and] an imminent risk of [serious] bodily harm to the ch