---
kind: "section"
citation: "42 U.S.C. § 290jj–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290jj–2"
heading: "Regulations and enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290jj-2"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part I — Requirement Relating to the Rights of Residents of Certain Non-Medical, Community-Based Facilities for Children and Youth"
---

# §290jj–2. Regulations and enforcement

- (a) **Training—** Not later than 6 months after October 17, 2000, the [Secretary](/usc/42/201.md?p=c), after consultation with appropriate [State](/usc/42/201.md?p=f), local, public and private protection and advocacy organizations, health care professionals, social workers, facilities, and patients, shall promulgate [regulations](/usc/42/201.md?p=d) that—
  - (1) require [States](/usc/42/201.md?p=f) that license non-medical, community-based residential facilities for children and youth to develop licensing rules and monitoring requirements concerning behavior management practice that will ensure compliance with Federal [regulations](/usc/42/201.md?p=d) and to meet the requirements of [subsection (b)](#b);
  - (2) require [States](/usc/42/201.md?p=f) to develop and implement such licensing rules and monitoring requirements within 1 year after the promulgation of the [regulations](/usc/42/201.md?p=d) referred to in the matter preceding [paragraph (1)](#a-1); and
  - (3) support the development of national guidelines and standards on the quality, quantity, orientation and training, required under this part, as well as the certification or licensure of those staff responsible for the implementation of behavioral intervention concepts and techniques.
- (b) **Requirements—** The [regulations](/usc/42/201.md?p=d) promulgated under [subsection (a)](#a) shall require—
  - (1) that facilities described in [subsection (a)](#a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate residents, formulate written individualized, comprehensive [treatment](/usc/42/11851.md?p=11) plans, and to provide active [treatment](/usc/42/11851.md?p=11) measures;
  - (2) the provision of appropriate training and certification of the staff of such facilities in the prevention and use of physical restraint and seclusion, including the needs and behaviors of the population served, relationship building, alternatives to restraint, de-escalation methods, avoiding power struggles, thresholds for restraints, the physiological impact of restraint and seclusion, monitoring physical signs of distress and obtaining medical assistance, legal issues, position asphyxia, escape and evasion techniques, time limits for the use of restraint and seclusion, the process for obtaining approval for continued restraints and seclusion, procedures to address problematic restraints, documentation, processing with children, and follow-up with staff, and investigation of injuries and complaints; and
  - (3) that such facilities provide complete and accurate notification of deaths, as required under [section 290jj–1(1) of this title](/usc/42/290jj–1.md?p=1).
- (c) **Enforcement—** A [State](/usc/42/201.md?p=f) to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training and certification, shall not be eligible for participation in any [program](/usc/42/274l–1.md?p=4) supported in whole or in part by funds appropriated under this chapter.

## Source credit

(July 1, 1944, ch. 373, title V, § 595B, as added Pub. L. 106–310, div. B, title XXXII, § 3208, Oct. 17, 2000, 114 Stat. 1199.)