ORS 418.523
Permissible use of restraint or involuntary seclusion of child in care
(1)
Except as otherwise provided in this section, a child-caring agency, proctor foster home or developmental disabilities residential facility may only place a child in care in a restraint or involuntary seclusion if the child in care’s behavior poses a reasonable risk of imminent serious bodily injury to the child in care or others and less restrictive interventions would not effectively reduce that risk.(2)
A certified foster home may not place a child in care in a restraint or involuntary seclusion.(3)
Notwithstanding subsection (1) or (2) of this section, a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may use the following types of restraints on a child in care:(a)
Holding the child in care’s hand or arm to escort the child in care safely and without the use of force from one area to another;(b)
Assisting the child in care to complete a task if the child in care does not resist the physical contact; or(c)
Using a physical intervention if:(A)
The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;(B)
The intervention uses the least amount of physical force and contact possible; and(C)
The intervention is not a prohibited restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2).(4)
Notwithstanding ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2):(a)
The restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(e) may be used if the restraint is necessary to gain control of a weapon.(b)
The restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(g) may be used if the restraint is necessary for the purpose of extracting a body part from a bite.(c)
If a program is a secure children’s inpatient treatment program or secure adolescent inpatient treatment program, the program may place a child in care in a restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(d) or (e) only if:(A)
The child in care is currently admitted to the program;(B)
The restraint is authorized by an order written at the time of and specifically for the current situation by a licensed medical practitioner or a licensed children’s emergency safety intervention specialist;(C)
The restraint is used only as long as needed to prevent serious physical injury, as defined in ORS 161.015 (General definitions), and while no other intervention or form of restraint is possible;(D)
A licensed medical practitioner, children’s emergency safety intervention specialist or qualified mental health professional, who is certified in the use of the type of restraint used, continuously monitors the use of the restraint and the physical and psychological well-being of the child in care at all times while the restraint is being used;(E)
Each individual placing the child in care in the restraint is certified as described in ORS 418.529 (Training standards and certification) in the use of the type of restraint used and the individual’s training is current;(F)
One or more individuals with current cardiopulmonary resuscitation training are present for the duration of the restraint;(G)
The program has written policies that require a licensed children’s emergency safety intervention specialist or other licensed practitioner to evaluate and document the physical, psychological and emotional well-being of the child in care immediately following the use of the restraint; and(H)
The program is in compliance with any other requirements under ORS 418.519 (Definitions for ORS 418.519 to 418.532) to 418.532 (Notices to children in care), and the use of the restraint does not otherwise violate any applicable contract requirements or any state or federal law related to the use of restraints.(5)
In addition to the restraints described in subsection (3) of this section, a program may place a child in care in a restraint or involuntary seclusion if:(a)
The restraint or involuntary seclusion is used only for as long as the child in care’s behavior poses a reasonable risk of imminent serious bodily injury;(b)
The individuals placing the child in care in the restraint or involuntary seclusion are certified as described in ORS 418.529 (Training standards and certification) in the use of the type of restraint used or are trained, as required by the department by rule, in the use of the involuntary seclusion used;(c)
The program staff continuously monitor the child in care for the duration of the restraint or involuntary seclusion; and(d)
The restraint or involuntary seclusion is performed in a manner that is safe, proportionate and appropriate, taking into consideration the child in care’s chronological and developmental age, size, gender identity, physical, medical and psychiatric condition and personal history, including any history of physical or sexual abuse.(6)
In addition to the requirements described in subsection (5) of this section, if a program places a child in care in a restraint or involuntary seclusion for more than 10 minutes:(a)
The program must provide the child in care with adequate access to the bathroom and water at least every 30 minutes; and(b)
Intentionally left blank —Ed.(A)
Every five minutes after the first 10 minutes of the restraint or involuntary seclusion, a program supervisor who is certified as described in ORS 418.529 (Training standards and certification) in the use of the type of restraint being used or trained, as required by the department by rule, in the use of the involuntary seclusion being used must provide written authorization for the continuation of the restraint or involuntary seclusion.(B)
If the supervisor is not on-site at the time the restraint is used, the supervisor may provide the written authorization electronically.(C)
The written authorization must document why the restraint or involuntary seclusion continues to be the least restrictive intervention to reduce the risk of imminent serious bodily injury in the given circumstances. [2021 c.672 §3; 2021 c.672 §4](2)
A certified foster home may not place a child in care in a restraint or involuntary seclusion.(3)
Notwithstanding subsection (1) or (2) of this section, a child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may use the following types of restraints on a child in care:(a)
Holding the child in care’s hand or arm to escort the child in care safely and without the use of force from one area to another;(b)
Assisting the child in care to complete a task if the child in care does not resist the physical contact; or(c)
Using a physical intervention if:(A)
The intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;(B)
The intervention uses the least amount of physical force and contact possible; and(C)
The intervention is not a prohibited restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2).(4)
Notwithstanding ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2):(a)
The restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(e) may be used if the restraint is necessary to gain control of a weapon.(b)
The restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(g) may be used if the restraint is necessary for the purpose of extracting a body part from a bite.(c)
If a program is a secure children’s inpatient treatment program or secure adolescent inpatient treatment program, the program may place a child in care in a restraint described in ORS 418.521 (Prohibitions on restraint and involuntary seclusion of children in care) (2)(d) or (e) only if:(A)
The child in care is currently admitted to the program;(B)
The restraint is authorized by an order written at the time of and specifically for the current situation by a licensed medical practitioner or a licensed children’s emergency safety intervention specialist;(C)
The restraint is used only as long as needed to prevent serious physical injury, as defined in ORS 161.015 (General definitions), and while no other intervention or form of restraint is possible;(D)
A licensed medical practitioner, children’s emergency safety intervention specialist or qualified mental health professional, who is certified in the use of the type of restraint used, continuously monitors the use of the restraint and the physical and psychological well-being of the child in care at all times while the restraint is being used;(E)
Each individual placing the child in care in the restraint is trained, as required by the Department of Human Services by rule, in the use of the type of restraint used and the individual’s training is current;(F)
One or more individuals with current cardiopulmonary resuscitation training are present for the duration of the restraint;(G)
The program has written policies that require a licensed children’s emergency safety intervention specialist or other licensed practitioner to evaluate and document the physical, psychological and emotional well-being of the child in care immediately following the use of the restraint; and(H)
The program is in compliance with any other requirements under ORS 418.519 (Definitions for ORS 418.519 to 418.532) to 418.532 (Notices to children in care), and the use of the restraint does not otherwise violate any applicable contract requirements or any state or federal law related to the use of restraints.(5)
In addition to the restraints described in subsection (3) of this section, a program may place a child in care in a restraint or involuntary seclusion if:(a)
The restraint or involuntary seclusion is used only for as long as the child in care’s behavior poses a reasonable risk of imminent serious bodily injury;(b)
The individuals placing the child in care in the restraint are trained, as required by the department by rule, in the use of the type of restraint or involuntary seclusion used;(c)
The program staff continuously monitor the child in care for the duration of the restraint or involuntary seclusion; and(d)
The restraint or involuntary seclusion is performed in a manner that is safe, proportionate and appropriate, taking into consideration the child in care’s chronological and developmental age, size, gender identity, physical, medical and psychiatric condition and personal history, including any history of physical or sexual abuse.(6)
In addition to the requirements described in subsection (5) of this section, if a program places a child in care in a restraint or involuntary seclusion for more than 10 minutes:(a)
The program must provide the child in care with adequate access to the bathroom and water at least every 30 minutes; and(b)
Intentionally left blank —Ed.(A)
Every five minutes after the first 10 minutes of the restraint or involuntary seclusion, a program supervisor who is trained, as required by the department by rule, in the use of the type of restraint or involuntary seclusion being used must provide written authorization for the continuation of the restraint or involuntary seclusion.(B)
If the supervisor is not on-site at the time the restraint is used, the supervisor may provide the written authorization electronically.(C)
The written authorization must document why the restraint or involuntary seclusion continues to be the least restrictive intervention to reduce the risk of imminent serious bodily injury in the given circumstances.
Source:
Section 418.523 — Permissible use of restraint or involuntary seclusion of child in care, https://www.oregonlegislature.gov/bills_laws/ors/ors418.html.
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