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