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Working Together to Working Together to Reduce Seclusion and Reduce Seclusion and Restraint in Schools and Restraint in Schools and Youth Facilities Youth Facilities Howard Trachtman, Boston Resource Center [email protected] (781) 642-0368 Curt Decker, National Disability Rights Network Washington D.C. Leslie Morrison, Disability Rights California Oakland, CA

Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center [email protected]

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Page 1: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

Working Together to Reduce Working Together to Reduce Seclusion and Restraint in Seclusion and Restraint in

Schools and Youth FacilitiesSchools and Youth Facilities

Howard Trachtman, Boston Resource [email protected] (781) 642-0368

Curt Decker, National Disability Rights NetworkWashington D.C.

Leslie Morrison, Disability Rights CaliforniaOakland, CA

Page 2: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

IntroductionIntroductionWho’s who?Howard Trachtman, CPS – NAMI Consumer

Council, Restraint & Seclusion Committee Chair

Leslie Morrison – Director, Abuse Division of CA P&ACurt Decker - Executive Director, NDRN

Purpose Importance of reducing restraint and

seclusionRecent focus on practices in schoolsParticular risk to childrenNecessity for NAMI and state protection

and advocacy agencies to work togetherCreate informed outrage

Page 3: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

Scope of the ProblemScope of the Problem Dangers of restraint and

seclusiono Physical injury & deatho Lasting psychological harmo Detriment to learningo Pipeline to juvenile hall

Public Positions & Reports◦ NAMI position statement◦ CA NAMI position statement◦ NDRN’s report: “School is Not

Supposed to Hurt”◦ Disability Rights California

reports: “Restraint & Seclusion in California

Schools: A Failing Grade” The Lethal Hazard of Prone

Restraint: Positional Asphyxiation”

Recent Activities◦ GAO Report◦ Congressional

Hearings◦ White House Meeting◦ P&A Activities◦ SAMHSA issue brief

Page 4: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

Current lawsCurrent laws

Federal Law◦ Children’s Health Act◦ CMS Conditions of Participation for

Hospitals◦ IDEA

Patchwork of state laws◦ NDRN Report

California law◦ Regulations on assessment and behavior

planning◦ Silent on use of restraint and seclusion

Page 5: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

The California ExperienceThe California ExperienceRecent school investigations

◦ 15 cases to date

Educational Advocacy◦ Working with Directors of Special Education◦ Training School Districts◦ Working with stakeholders

Legislative Advocacy◦ Senate Bill 1515◦ Assembly Bill 1538

Working jointly – CA NAMI and CA P&A

Page 6: Working Together to Reduce Seclusion and Restraint in Schools and Youth Facilities Howard Trachtman, Boston Resource Center Howard@BostonResourceCenter.org

What can What can wewe do? do?

NAMI, NDRN & state protection and NAMI, NDRN & state protection and advocacy agencies working advocacy agencies working

togethertogether

Legislative effortsPolicy statementsEducational advocacyInvestigationsPress coverage