Sec. 2. Definitions
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In this Act: The term Secretary means the Secretary of Health and Human Services. The term child means an individual who has not attained the age of 18. The term child abuse and neglect has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). The term covered program means each facility of a program operated by a public or private entity that, with respect to one or more children who are unrelated to the owner or operator of the program, purports to provide treatment or modify behaviors in a residential environment, such as— a program with a wilderness or outdoor experience, expedition, or intervention; a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; a therapeutic boarding school; or a behavioral modification program.
The term covered program does not include— a hospital licensed by the State; or a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. The term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(1) ).
The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms, legs, torso, or head freely, except that such term does not include voluntary physical escort (as such term is defined in section 595(d)(2) of the Public Health Service Act ( 42 U.S.C. 290jj(d)(2) )). The term protection and advocacy system means a system established by a State under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ).
The term seclusion means the involuntary confinement of a child alone in a room or area from which the child is physically prevented from leaving. The term State has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note).
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