Seclusion & Restraints
Step One: The Law
WELFARE AND INSTITUTIONS CODE
5326.1. Quarterly, each local mental health director shall furnish
to the Director of Mental Health, the facility reports of the number
of persons whose rights were denied and the right or rights which
were denied. The content of the reports from facilities shall enable
the local mental health director and Director of Mental Health to
identify individual treatment records, if necessary, for further
analysis and investigation. These quarterly reports, except for the
identity of the person whose rights are denied, shall be available,
upon request, to Members of the State Legislature, or a member of a
county board of supervisors.
Notwithstanding any other provision of law, information pertaining
to denial of rights contained in the person's treatment record shall
be made available, on request, to the person, his or her attorney,
his or her conservator or guardian, the local mental health director,
or his or her designee, or the Patient's Rights Office of the State
Department of Mental Health. The information may include consent
forms, required documentation for convulsive treatment, documentation
regarding the use of restraints and seclusion, physician's orders,
nursing notes, and involuntary detention and conservatorship papers.
The information, except for the identity of the person whose rights
are denied, shall be made available to the Members of the State
Legislature or a member of a county board of supervisors.
Step Two: How to Report
In Riverside County, California, our Patients' Right's Department does the reporting for the denial or rights per W&I Code (above) 5326.1 This is done with Forms MH 307 and MH 308. These forms are required to be filled out and sent to the California Department of Mental Health.
FORM MH 307
First, Patients Right's collects and fills out a MONTHLY form MH 307. On Form MH 307, there are 10 classifications for the denial of rights and they are numbered 1 through 10. Numbers 9 & 10 represent Seclusion and Restraint respectfully.
FORM MH 308
Next, Patients Right's collects and fills out a QUARTERLY REPORT on form MH 308. On Form MH 308, there are 10 classifications for the denial of rights and they are numbered 1 through 10. Numbers 9 & 10 represent Seclusion and Restraint respectfully.
MH Form 307
MH Form 307
MH Form 308
MH Form 308
Using the Sunshine Law as leverage, I was able to get the RAW documents of MH 307 (and MH 308) with the patients medical numbers crossed out from our local Riverside County Patients Right's Department. Below is a sample of the many raw MH 307 documents I was able to get to compile a database to determined how many times patients were being put into seclusion and restraints over a 3 year period.
RAW Document MH 307
If you want to get S&R information, contact your local county Patients Right's Department and demand copies of forms MH 307 and MH 308. They are required to compile and track this information.
Below are the same forms in PDF format