Amends TCA Title 37.

Present law generally prohibits the use of seclusion for punitive purposes pre-adjudication or post-adjudication for any child detained in a facility based on probable cause to believe that the child committed a delinquent or unruly act with which the child is charged or is a neglected, dependent, or abused child. Present law defines "seclusion" to mean the intentional, involuntary segregation of an individual from the rest of the resident population for the purposes of preventing harm by the child to oneself or others; preventing harm to the child by others; aiding in de-escalation of violent behavior; or serving clinically defined reasons. Present law specifies that seclusion does not include: (1) Segregation of a child for the purpose of managing biological contagion consistent with CDC guidelines; (2) Confinement to a locked unit or ward where other children are present as seclusion is not solely confinement of a child to an area, but separation of the child from other persons; (3) Voluntary time-out involving the voluntary separation of an individual child from others, and where the child is allowed to end the separation at will; and (4) Temporarily securing children in their rooms during regularly scheduled times, such as periods set aside for sleep or regularly scheduled down time, that are universally applicable to the entire population or within the child's assigned living area. This bill redefines "seclusion" to mean the involuntary segregation of a child from the rest of the resident population regardless of the reason for the segregation, including confinement to a locked unit or ward where other children may be seen or heard but are separated from the child. This bill retains the provisions described above in (1), (3), and (4), so those activities are still not considered seclusion under this bill, but removes the present law provision that specifies the conduct described in (2) is not seclusion. This bill changes the prohibition against using seclusion to prohibit the use of seclusion for discipline, punishment, administrative convenience, retaliation, staffing shortages, or any reason other than a temporary response to behavior that threatens immediate harm to a youth or others. This bill also makes the prohibition against the use of seclusion applicable to juvenile detention facilities approved, certified, or licensed by the department of children's services, including youth development centers. ON MARCH 29, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 383, AS AMENDED. AMENDMENT #1 adds that "temporary" means for no more than two hours. ON APRIL 28, 2021, THE HOUSE SUBSTITUTED SENATE BILL 383 FOR HOUSE BILL 1126, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 383, AS AMENDED. AMENDMENT #1 adds that following a period of seclusion, the facility administrator may review the seclusion and authorize an additional two-hour period of seclusion if appropriate, but will be prohibited from authorizing more than two subsequent, consecutive periods of seclusion or more than six total hours of seclusion within a 24-hour period. This amendment authorizes the department to provide, by rule or policy, alternative options for a child who cannot safely rejoin the rest of the resident population following the maximum authorized period of seclusion.