(a) Safety-based seclusion may be used only when a reasonable belief exists, based on a resident's current behavior, that one or more of the following is true:
  (1) the resident is a serious and probable escape risk;
  (2) the resident is a serious and probable physical danger to others and staff cannot protect them except by placing the resident in safety-based seclusion;
  (3) confinement is necessary to prevent probable and substantial damage to property;
  (4) confinement is necessary to control behavior that disrupts programming to the extent that the current program cannot continue except by placing the resident in safety-based seclusion; or
  (5) the resident is likely to interfere with a pending or ongoing investigation or a requested or scheduled disciplinary review hearing.
(b) A written report that describes the resident's precipitating behavior and identifies the staff's response shall be:
  (1) completed no later than the end of the shift on which the safety-based seclusion begins; and
  (2) submitted immediately upon completion to the facility administrator for review.
(c) A mental health provider shall be consulted before the end of the 24th hour of safety-based seclusion if the resident has a known diagnosis of a serious mental illness, a known diagnosis of severe or profound intellectual disability, and/or a current designation as high or moderate risk for suicide. If the seclusion occurs on a holiday or weekend and no mental health provider is available, the facility administrator or designee shall notify the mental health provider of the seclusion. The facility administrator or designee shall consult with the mental health provider as soon as possible after the notification.
(d) While a resident is in safety-based seclusion, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes unless supervision requirements in §343.348 or §343.350 of this title apply.
(e) At any time before or after a safety-based seclusion review, the seclusion shall be immediately discontinued if the facility administrator or designee determines seclusion is no longer warranted.
(f) The time a resident spends in safety-based seclusion shall be counted from the time he/she is placed in safety-based seclusion until the time he/she is formally released from safety-based seclusion. The time shall be continuous and include program and non-program hours.
(g) Prior to the 72nd hour of safety-based seclusion, the facility shall prepare a written reintegration plan and review the plan with the resident. The plan shall include specific behaviors required for release from safety-based seclusion.
(h) If a resident poses an imminent threat to facility safety or security and services required in §343.274(b)(3)(K) of this title are temporarily restricted, the facility shall maintain documentation of each restriction and the justification.

Source Note: The provisions of this §343.288 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850