.................... moves to amend H.F. No. 2293 as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2010, section 125A.0941, is amended to read:
(a) The following terms have the meanings given them.
(b) "Emergency" means a situation where immediate intervention is needed to protect
a child or other individual from physical injury or to prevent serious property damage.
(c) "Physical holding" means physical intervention intended to hold a child
immobile or limit a child's movement
where body contact is the only source of
physical restraint, and where immobilization is used to effectively gain control of a child
1.11in order to protect the child or other person from injury
. The term physical holding does
not mean physical contact that:
(1) helps a child respond or complete a task;
(2) assists a child without restricting the child's movement;
(3) is needed to administer an authorized health-related service or procedure; or
(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.
(d) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
(e) "Prone restraint" means placing a child in a face down position.
"Restrictive procedures" means the use of physical holding or seclusion in an
"Seclusion" means confining a child alone in a room from which egress is
barred. Removing a child from an activity to a location where the child cannot participate
in or observe the activity is not seclusion.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.
Page 2, line 16, after "restraints" insert "with children age 5 or older
Page 2, after line 33, insert:
"Sec. 3. Minnesota Statutes 2010, section 125A.0942, subdivision 4, is amended to
Subd. 4. Prohibitions.
The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section
(2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury
to the child or others or serious damage to the equipment or device, in which case the
equipment or device shall be returned to the child as soon as possible;
(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities; and
(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
2.23impairs a child's ability to communicate distress, places pressure or weight on a child's
2.24head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
2.25straddling a child's torso
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly