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Home > Rules & Legislation > Proposed Rule Changes > Chapter 33 > CBR Team Meetings > 09-28-2011 Chapter 33 Definitions

Chapter 33 Definitions

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Child and Family Services Manual

Mechanical restraint is prescribed assistive devices such as splints, standing tables and chairs with restraints used as prescribed are not considered mechanical restraints….Vehicle restraints required by law or recommended as part of a behavior intervention plan are not considered mechanical restraints.

Mechanical restraint: an apparatus employed to restrain a person, or the act of using an apparatus for this purpose. A mechanical restraint is any item worn by or placed on the person to limit behavior or movement and which cannot be removed by the person. Mechanical restraints include, but are not limited to devices such as mittens, straps, arm splints, bed rails and helmets. They do not include positioning or adaptive devices when used prescriptively in accordance with 34-B MRSA § 5605.

Time-out is an intervention where a student complies with an adult request for a break and is not covered by these rules. (in progress of discussion)

Timeout, Voluntary: a break from an activity, or a quiet period initiated by the person to calm down.  Voluntary timeout may result from a non-coercive choice or suggestion offered by staff. Any coercion or physical intervention constitutes a restraint.

Chemical restraint is the use of medication, given involuntarily, to control child behavior for the purpose of physical restraint.

Chemical restraint: the use of a prescribed medicine when the primary purpose of the medication is a response to behavior rather than a physical condition; and the prescribed medication is a drug or dosage that would not otherwise be administered to the person as part of a regular medication regimen; and the prescribed medicine impairs the person’s ability to do or accomplish the person’s usual activities of daily living (as compared to the person’s usual performance when the medicine is not administered) by causing disorientation, confusion, or an impairment of physical or mental functioning. Medications that help a person sleep during the person’s regular sleeping hours are not considered chemical restraints.

Aversive interventions are the use of aversive therapy or treatment that includes the application of unusual, noxious or potentially hazardous substances, stimuli or procedures to a child. Such substances, stimuli, and procedures include but are not limited to: water spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise, costumes, or signs.

Aversive: an intervention or action intended to modify behavior that would cause harm or damage to a person, or it arouses fear or distress in that person, even when the stimulus appears to be pleasant or neutral to others.

Behavioral emergency is when a child’s behavior presents an imminent risk of injury to that child, other children, teachers or other personnel.

Emergency is a sudden, generally unexpected set of circumstances that requires immediate action

Emergency is a situation in which there is risk of imminent harm or danger to the person or others.  Risk of criminal detention or arrest may constitute an emergency.

Crisis intervention training is training provided to selected school staff which address how to deal with aggressive, violent or other behavioral emergencies. It includes specific techniques for physical escort, physical restraint and seclusion. The curriculum would meet state standards and would result in certification of school staff.


Dangerous behavior is when a child’s behavior presents a risk of injury or harm to that child, other children, teachers or other personnel.

Challenging Behavior presents an imminent health and safety risk to the person or others or presents serious and imminent risk of damage to property or seriously interferes with a persons ability to have positive life experiences

De-escalation is causing a situation to become more controlled, calm and less dangerous, thus reducing the risk for injury to someone. This should be part of a school-wide training to all school personnel that meets state standards.


Emergency interventions are the use of physical escort, physical restraint and seclusion, as defined by the training programs that meet state standards, in times of behavioral emergencies.
Imminent is when it will likely to happen right away; within a matter of minutes.


Physical Escort is the temporary touching or holding of the hand, wrist, arm, shoulder, hip or back for the purpose of moving a student voluntarily.  (not included in the proposed language)

Escort is a physical assistance to support a person to stand or walk when the person who is providing the support follows the lead of the person being supported. I an escort becomes coercive it is a restraint

Positive alternatives are a set of instructional and environmental supports to teach students pro-social alternatives to problem behaviors with high rates of positive feedback.

Positive Supports: See this regulation, Section I.A, 1-3.

Prevention and conflict de-escalation training is training provided school wide to staff on how to prevent, defuse, and de-escalate potential emergencies which meet state standards.


Non-Proprietary Language (Section 1.3) no proposed definition


Risk of injury or harm is dangerous behavior by a child that has the intent and the means to cause harm or injury to self or others.
Both the intent and means to cause harm must be met in order to meet the standard of “imminent risk of harm or injury”


Staff and Student Debriefing no proposed definitions


Behavior Intervention Plan (definition included in the proposed planful response section)

Behavior Management Plan  (Very long see manual section 5 page 24)

Functional Behavioral Assessment is an ongoing process for gathering information that can be used to hypothesize about the function of student behavior. The analysis provides the information necessary to develop a behavior intervention plan. The components of the process are as follows:

  1. Define/describe behavior
  2.  Gather information
  3. Identify when, where and under what circumstances the behaviors occur
  4. Identify the consequences that maintain the behavior
  5. Develop a theory as to the functional intent of the behavior

Functional Assessment  (very long see manual section 5 page 23)

Covered Entity is a learning environment receiving public funds or over which the Maine DOE has regulatory authority