Aversives, Restraint and Seclusion: Know The Warning Signs
Know the Warning Signs
On the use of Aversives, Restraint & Seclusion
on people with Developmental Disabilities
Does your child display challenging behaviors? Does your child have the ability to communicate if they were hurt or if someone did something to them? Has your child come home with unexplained marks and/or bruises? Did the school send home an incident report or some type of correspondence stating that your child was restrained or put into time out (seclusion) room? If you have seen warning signs which you believe may result from the way your child is treated at school or in any situation where you are not present, it is important to ask questions immediately by the school/program they attend.
What you can do to protect your child?
Monitor Your Child's Program:
Review your child’s records (especially the contents FBA, BIP and/or treatment plan, and any “incident reports” in your child’s files), make drop in visits. Attend PPT’s and ask questions. Keep careful records (paper trail)Document and date anything your child says or does that concerns you; when taking photographs regarding any suspicious injuries, this should be done at the ER or at a physicians office so they can verify the photograph’s.
Sign a No Consent Form:
It is important that you make it clear to your child’s teachers or other program staff that you expect an environment free of aversives, non-emergency restraints, and seclusion. To put this message on record, sign and date a No Consent Letter and have it placed prominently in your child’s IEP or treatment plan.
www.ct.gov/ctcdd
Know Your Rights & Know the Law:
www.ct.gov/sde Forms & Publications, Publications, Special Education, Restraints & Seclusion law.
Report Abusive Practices to State and Local Agencies
Police Department (in your area)
Department of Children & Families 1-800-842-2288
Office of the Protection & Advocacy 1-800-842-7303
Office of the Child Advocate 1-800-994-0939
State Department of Education 1-860-713-6910
CT Sexual Assault Crisis Services 1-888-999-5545 English
1-888-568-8332 Español
If you have witnessed, or have evidence of abuse of a child, you have the right to call the police. The rule of thumb is: if you would call for police intervention to stop this from happening to a child without disabilities, you should call to stop it from happening to a child with disabilities. Call the DCF hotline, they are available 24hrs to answer any questions or take your report. Contact the State Department of Education to report the abuse and file a formal complaint.
Disputes involving your child’s rights under the Individuals with Disabilities Education Act (IDEA), state special education regulations, or state school disciplinary laws and regulations can be addressed through the State Department of Education’s impartial due process hearings. You have the right to request a hearing concerning your child’s placement or program at any time, and your request must be granted promptly. Requests are made by sending a letter to your child’s school principal, with copies to your district’s director of special education and/or superintendent. Your letter should state the problem and your proposed solution.
Reporting to Federal Agencies - The Office for Civil Rights (OCR) in the U.S. Department of Education provides the primary administrative enforcement for Section 504 of the Rehabilitation Act and for the Americans with Disabilities Act (ADA), two civil rights statutes that address discrimination, equal access, and reasonable accommodations, as these laws apply to schools.
Section 504 prohibits discrimination against persons with disabilities on the basis of their disability. To demonstrate violation of Section 504, parents would need to show that aversive techniques, restraint, or seclusion were used on students with disabilities who engaged in certain behaviors, but were not used on students without disabilities when they engaged in similar behaviors.
The ADA addresses the need for accommodations and access in public places and might be involved, for example; if a student is restrained or secluded "for his or her own safety" when environmental modifications would have made this unnecessary. Complaints about the use of restrictive and unsafe practices, and lack of the accommodations that would make these practices unnecessary, can be lodged with OCR for investigation. If necessary, all OCR and SEA hearing reports may also be appealed to federal court.
Complaints under the Civil Rights of Institutionalized Persons Act (CRIPA) can be made to the Civil Rights Division of the U.S. Department of Justice (DOJ). CRIPA gives the DOJ authority to bring legal action against state and local governments for permitting dangerous conditions and unsafe practices that violate the civil rights of persons placed in publicly operated facilities.
The CT Council on Developmental Disabilities
www.ct.gov/ctcdd
