Building a Coalition to End the Inappropriate Use of Seclusion & Restraints on Children

Children Come First ConferenceWisconsin Dells, WINovember 16, 2009

Presentation Overview

Seclusion/Restraint Coalition Wisconsin S/R Issues Initial Coalition Activities Current Coalition Efforts Future Plans

Seclusion/Restraint Coalition

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Other groups

Genesis of the Coalition

Individual groups push DHS for S/R summit No consensus on “restraint” at follow-up meeting Request for moratorium on holds that restrict

breathing—finally granted by DHS and DCF DHS initiates S/R Practice workgroup

Angie’s death

Wisconsin S/R Issues

Families seeking help related to use of S/R with their children Media reports of S/R incidents causing injury or death to

students

DPI Guidelines for the Appropriate Use of Seclusion & Physical Restraint in Special Education Programs

WI Patients’ Rights law not updated since 1970’s

WI has no statute or admin. code relating to S/R in special ed. programs; previous attempts to pass have failed

Need to build a coordinated, grassroots effort

Initial Coalition Activities

Requested Legislative Council Study on S/R Requested appointment to Special

Committee on School Safety Distributed surveys to collect “Stories” Developed brochure & display Planned booklet contents Researched literature, case law & legislation

Surveys

Surveys widely distributed to collect “stories”

Spanish option Confidentiality Surveys revised Raised awareness Increased

requests for help

Surveys

Type? (physical or chemical restraint, seclusion) Setting? (school, treatment facility, both) When occurred? Age of child at the time? Part of IEP or Behavior Intervention Plan? Details? (Frequency, length, location, staff

involved) Any documentation? Measurement of impact? Written policy about S/R in place? How & when were you informed S/R was used? How did your child feel when he/she was S/R?

Awareness Brochure

What do Seclusion & Restraint mean? Are there laws about S/R in WI schools? What do DPI Guidelines state that school districts should do?DPI Guidelines for SeclusionDPI Guidelines for RestraintWho is affected by S/R practices?Resources for more information

Seclusion and Restraint

in Wisconsin Schools:

Information for Parents

These organizations have formed an initiative to promote a safe

environment for children and staff through education and legislation

related to the use of seclusion and restraint

in Wisconsin schools and institutions.

Please share your story!

If you, or someone you know, has a child that has experienced seclusion and or restraint, whether it was used effectively or ineffectively, we would like to gain a better understanding

about your experiences.

Making the problem known

Tragic results

WHY IS CHANGE NEEDED?

ANGELLIKA – Age 7

“Her death was a homicide caused by

‘complications of chest compression asphyxiation arrest while restrained by another person’” (Capitol

Times, 2006)

Inappropriate use of Medical Equipment

WHY IS CHANGE NEEDED?

Zachary – Age 3

Zachary, a 3 year old with autism attended an early childhood program at a public elementary school. Zachary’s mother, Hasmig, didn’t know her son was being

restrained in Rifton Chair.

“the use of such mechanical restraint was not in Zachary’s IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines” (620 WTMJ, 2007)

Out of Darkness…Into the Light

Target audience: legislators Stories Research on literature, case law,

legislation in WI & other states Recommendations

Story examples:JustinJennaTeagueFrankMany more

Report - Stories

Report – Research Section

Introduction Federal Law State Laws/Regulations

20 states 1999 - 2008

WI Guidelines/Best Practices

Why WI Corporal Punishment Law Not Effective in Regulating S/R in Schools

WI S/R Law for Hospitals & Health Care Facilities

WI S/R Law Regarding Children in Juvenile Detention Facilities & on Community Supervision

Conclusion

Current Coalition Efforts

Agreement on goals and process Secure legislation to improve public policy

related to the inappropriate use of S/R for schools & community based treatment facilities.

Continuing education on appropriate use of S/R Seek common ground with other stakeholders Distribute Out of Darkness…Into the Light

Current Coalition Efforts

Stakeholder viewpoints & efforts Position statements – many overlapping areas

of agreement Meetings to seek common ground 2008 School Power Point training

32 slides -2 hour training on “WDPI Best Practices” & “WCASS Position Paper”

Assurance that all staff in every WI school will be trained annually

Outcome data?

Guidelines for Appropriate Guidelines for Appropriate Use of Seclusion & RestraintUse of Seclusion & Restraint

in Special Education Programs in Special Education ProgramsDeveloped by WCASS with the Developed by WCASS with the

Cooperation of SAA, AWSA, WASDA, Cooperation of SAA, AWSA, WASDA, WEAC, and WDPIWEAC, and WDPI

Current Coalition Efforts

Coalition Agreement on Requirements for the Use of S/R

Shared our information with national organizations and Congress for federal legislation

Seeking other stakeholders

Distribute Out of Darkness…Into the Light available on line: http://www.disabilityrightswi.org/archives/296#more-296

Seek legislative support for bill

Positive Behavior Intervention and Support (PBIS)

School-wide approach to providing positive intervention with students instead of negative discipline

DPI web site had information http://dpi.wi.gov/rti/pbis.html

Bill drafted Rep. Sandy Pasch is sponsoring a bill

which the coalition wrote. Sen. Julie Lassa is sponsoring a companion bill.

It is currently being circulated for co-sponsors. It focuses on PBIS, reducing use of seclusion and restraint, making it safer when it is used, and communicating with parents in a clear and effective manner.

Concerned parents need to contact legislators to encourage them to co-sponsor LRB 2425.

Legislative Process

Once the bill has co-sponsors, it will get a bill number and eventually a committee hearing.

It will be very important for parents of kids who have been secluded and restrained to come to Madison to testify at the hearing, or if they cannot, to share their stories in writing with committee members and their legislators.

Contact your legislators

If you know who your legislators are, contact each one (Assembly and Senate) to express your concerns about Wisconsin having no laws on seclusion and restraint.

If you’re unsure who your legislators are, you can check on-line: http://www.legis.wisconsin.gov/w3asp/waml/waml.aspx , or by phone: 1-800-362-9472

Contact Information

Disability Rights WI 608-267-0214

www.disabilityrightswi.org/ WI Family Ties

800-422-7145www.wifamilyties.org

WI FACETS 877-374-4677

www.wifacets.org