ORS 419A.245
Use of restraints during transport

(1)

During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority:

(a)

Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used unless:

(A)

The transportation is secure transportation to a detention facility, youth correction facility, as defined in ORS 420.005 (Definitions), secure hospital, secure intensive community inpatient facility or other secure facility; or

(B)

Restraints are necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.

(b)

Prior to the use of restraints during transportation, a transportation safety plan, including documentation of the need for restraints, must be created. The transportation safety plan must address intervention strategies designed to modify behavior without the use of restraints and recommend the least restrictive effective alternative.

(c)

Only staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.

(d)

Restraints during transportation may not be used as punishment, for convenience or as a substitute for staff supervision.

(2)

This section applies to all circumstances of transportation of a ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority, including but not limited to transportation between placements with child-caring agencies, foster homes, shelter care facilities, treatment and residential facilities or any other type of placement destination for a ward or child in the custody of the Department of Human Services. [2017 c.257 §3; 2019 c.382 §6; 2021 c.489 §49]

Source: Section 419A.245 — Use of restraints during transport, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

419A.004
Definitions 419A.010
Appointment of counselors and director 419A.012
Duties of director or counselor 419A.014
Reports by juvenile department 419A.015
Reports to school administrators concerning adjudicated youths on probation 419A.016
Powers of director or counselor 419A.018
Juvenile department is county agency 419A.020
County responsibility for expenses of juvenile department 419A.022
Responsibility of counties over 400,000 population 419A.045
Policy and purpose 419A.046
Definition for ORS 419A.046 and 419A.048 419A.048
Court to comply with fiscal reporting procedures 419A.050
Authority to acquire, equip and maintain detention and shelter facilities 419A.052
Specifications of facilities 419A.055
Examination of facilities 419A.057
Payment of maintenance expenses 419A.059
Designation of detention and shelter facilities 419A.061
Inspection of detention facilities 419A.063
Requirements for detention facilities 419A.090
Local citizen review boards 419A.092
Membership 419A.094
Additional boards 419A.096
Duties of Judicial Department in administering boards 419A.098
Rules 419A.100
Confidentiality of information 419A.102
Access to confidential information by boards 419A.104
Report on children and wards in substitute care 419A.106
Review of cases generally 419A.107
Review of cases of adjudicated youths 419A.108
Procedure for conflicts of interest 419A.109
Review of cases of wards for whom guardian has been appointed 419A.110
Immunity of participants in case review 419A.112
Disclosure of information to participants in case review 419A.114
When presence of agency personnel at board hearings required 419A.116
Findings and recommendations 419A.118
Records 419A.120
Court use of findings and recommendations 419A.122
Use of findings and recommendations by Department of Human Services 419A.124
Policy and procedure recommendations 419A.128
State Citizen Review Board Operating Account 419A.150
Appointment 419A.180
Power of court to enforce orders by contempt order 419A.190
Effect of adjudicatory hearing or admission 419A.200
Who may appeal 419A.205
Judgments described 419A.208
Orders subject to appeal by state 419A.209
Joint motion to vacate judgment or order 419A.211
Appointment of counsel 419A.240
Use of restraints during juvenile court proceedings 419A.245
Use of restraints during transport 419A.250
Authority 419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256 419A.253
When information in report, material or document considered by court must be identified in record 419A.255
Maintenance 419A.256
When transcript of proceeding is part of record of case 419A.257
Reports and materials privileged 419A.258
Motion to inspect or copy records 419A.260
Expunction 419A.262
Expunction proceeding 419A.265
Eligibility for order of expunction for certain adjudications involving marijuana 419A.267
Notice of expunction 419A.269
Effect of expunction 419A.271
Appointment of counsel 419A.300
Reports to school districts concerning young persons on conditional release 419A.305
Notice to school administrators concerning students subject to juvenile court petitions
Green check means up to date. Up to date

Current through early 2024

§ 419A.245’s source at oregon​.gov