OAR 413-020-0240
Use of Physical Restraint


(1)

A physical restraint may be used by a certified family when the behavior of a child or young adult places the child or young adult or others in imminent risk of harm and only when:

(a)

Good judgment indicates that a physical restraint may safely be implemented; and

(b)

The certified family has received the individual Behavior and Crisis Management Training in physical restraint specific to the supervision needs of the child or young adult by Department trained staff.

(2)

Physical restraint must be implemented with the least force necessary to prevent the risk of harm to self or others and should end as soon as the risk of harm no longer exists.

(3)

If the behavior of a child or young adult places the child or young adult or others in imminent risk of harm, and good judgment indicates that a physical restraint cannot be implemented safely, the certified family must call the local law enforcement agency to request intervention. The certified family must:

(a)

Orally report the incident to the caseworker and the caseworker’s supervisor as soon as reasonably possible;

(b)

Document the incident in writing on a form approved by the Department; and

(c)

Submit the completed form to the caseworker within two business days.

(4)

If the child or young adult is injured during the incident, whether or not a physical restraint is used, the certified family immediately must notify the Department’s emergency 24-hour contact.

(5)

A certified family may not use mechanical restraint or seclusion of a child or young adult in an emergency or at any other time as a supervision action or activity.

(6)

Notwithstanding the training required in OAR 413-020-0255 (Training and the Planned Use of Physical Restraint), when a situation arises and the behavior of a child or young adult places the child or young adult or another individual in imminent risk of harm and if good judgment indicates that a physical restraint may safely be implemented, the certified family may use a physical restraint even when:

(a)

The certified family has not attended Behavior and Crisis Management Training; or

(b)

The child or young adult does not have a supervision plan.

(c)

If physical restraint is used under this section, the certified family must document and report the incident in accordance with the requirements of OAR 413-020-0236 (Development, Documentation, and Termination of a Supervision Plan)(6)(c).

Source: Rule 413-020-0240 — Use of Physical Restraint, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-020-0240.

413‑020‑0000
Definitions
413‑020‑0005
Purpose
413‑020‑0010
Voluntary Custody Agreement
413‑020‑0020
Legal Consent
413‑020‑0025
Developing the Family Support Services Case Plan when a Parent or Legal Guardian Enters into a Voluntary Custody Agreement with Child Welfare
413‑020‑0040
Required Reviews
413‑020‑0045
Criteria for Continuing a Voluntary Custody Agreement After a Child Reaches 18 Years of Age
413‑020‑0050
Termination of Voluntary Agreement
413‑020‑0060
Purpose
413‑020‑0070
Voluntary Placement Agreement Limitations
413‑020‑0075
Legal Consent
413‑020‑0080
Developing the Family Support Services Case Plan and a Voluntary Placement Agreement with the Department
413‑020‑0085
Required Reviews
413‑020‑0090
Termination of Voluntary Agreement
413‑020‑0100
Purpose
413‑020‑0120
Responsibility of Staff to Secure a Legal Consent
413‑020‑0130
Department Authority in Voluntary Placement and Voluntary Custody Agreements
413‑020‑0140
Exercise and Delegation of Legal Authority
413‑020‑0150
Exercise and Delegation of Guardian Authority
413‑020‑0160
Actions Not Authorized
413‑020‑0170
General Provisions
413‑020‑0200
Purpose
413‑020‑0230
Referral for and Review of the CANS Screening
413‑020‑0233
When a Supervision Plan is Required
413‑020‑0236
Development, Documentation, and Termination of a Supervision Plan
413‑020‑0240
Use of Physical Restraint
413‑020‑0245
Responsibilities in Monitoring a Child or Young Adult’s Supervision in a Certified Family
413‑020‑0255
Training and the Planned Use of Physical Restraint
413‑020‑0600
Purpose
413‑020‑0620
Policy
413‑020‑0630
Preliminary Investigation
413‑020‑0640
Investigation
413‑020‑0650
Annual Information Update
Last Updated

Jun. 8, 2021

Rule 413-020-0240’s source at or​.us