§ 6381. Definitions.

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The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of a child conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Child." As follows:

(1)An individual who resides in an entity licensed or operated by the department and meets one of the following conditions:

(i)Is under 18 years of age.

(ii)Is under 21 years of age and committed an act of delinquency before reaching 18 years of age and remains under the jurisdiction of the juvenile court.

(iii)Was adjudicated dependent before reaching 18 years of age and, while engaged in instruction or treatment, requests the court to retain jurisdiction until the instruction or treatment is completed, but a child may not remain in a course of instruction or treatment past 21 years of age.

(iv)Has an intellectual disability, a mental illness or a serious emotional disturbance, with a transfer plan to move to an adult setting by 21 years of age.

(2)The term does not include a child in a foster family home as provided in 42 U.S.C. Ch. 7 Subch. IV (relating to grants to states for aid and services to needy families with children and for child-welfare services).

"Department." The Department of Human Services of the Commonwealth.

"Exclusion." As follows:

(1)A child's involuntary isolation or removal from the child's immediate environment and restricting the child alone to a room or area.

(2)The term does not include:

(i)Instances where facility staff remains in the exclusion area with the child.

(ii)A child voluntarily choosing to move to and remain by themselves in an area to self-regulate.

"Facility." Except as exempted by regulation, a premises or part of a premises serving children who are adjudicated either dependent or delinquent and meeting one of the following conditions:

(1)Operated for a portion of a 24-hour day in which alternative education, intervention or support programs are provided to one or more children to prevent a child's placement in a more restrictive setting or to facilitate the child's reunification with the child's family.

(2)Operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator.

"Health care professional." An individual who is licensed, certified or otherwise authorized or permitted by the laws of this Commonwealth to administer health care in the ordinary course of business or in the practice of a profession.

"Menstrual hygiene products." As follows:

(1)Products relating to bodily functions that are used during menstruation.

(2)The term includes tampons and sanitary pads.

"Postpartum." An eight-week period or a longer period as determined by the health care professional responsible for the health and safety of the child following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of a child's body or limbs or both.

"Seclusion." Placing a child in a locked room with any type of door-locking device, such as key lock, spring lock, bolt lock, foot pressure lock or physically holding the door shut.

"Staff." An individual who is employed by a facility.

"State of undress." A state where a child is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.

"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by a child from a facility.

"Trauma-informed approach." A strengths-based approach to service delivery and organizational structure that:

(1)Realizes the widespread impact of trauma, including historical trauma.

(2)Understands potential paths to recovery.

(3)Recognizes the signs and symptoms of trauma in a child, parent, legal guardian, staff or another involved in the system.

(4)Responds by fully integrating knowledge about trauma into policies, procedures, practices and relationships.

(5)Seeks to actively prevent retraumatization.

42c6382s