Or. Admin. R. 416-490-0050 - Reviews

(1) Preliminary Review:
(a) All use of Physical Intervention and restraint incidents require a preliminary review within 48 hours, excluding weekends and holidays by a facility manager.
(b) A preliminary review requires the accumulation of all relevant information, such as reports and documents of involved persons and witnesses, with a review for complete information and compliance of administrative directives. Interviews may be necessary to clarify or obtain relevant information.
(c) Based on the preliminary review, the facility manager must document whether the Physical Intervention was performed according to OYA rules and policies, and if an administrative review of the incident is warranted.
(2) Administrative Review:
(a) An administrative review is required when a YIC is seriously injured during an incident of Physical Intervention or restraint. Examples of serious injury include, but are not limited to, a break in skin requiring suture, bruising accompanied by swelling or extreme pain, broken bones, internal injury; any injury requiring medical treatment beyond routine first aid.
(b) When an administrative review of an incident of Physical Intervention or restraint is not required but the incident is forwarded to the superintendent or camp director for a possible administrative review, the superintendent or camp director will make the decision regarding the need for an administrative review.
(c) The superintendent or camp director must designate at least two staff to conduct the administrative review. The designated staff must not have been involved in the incident being reviewed. The designated staff must have appropriate experience, training, and knowledge of OYA policies, procedures, and practices necessary to conduct the review.
(d) An administrative review requires the accumulation of all relevant information, such as reports and documents of involved persons. Interviews may be necessary to clarify or obtain relevant information.
(e) A written report with relevant information must be submitted by the reviewing staff to the superintendent or camp director, and the Facility Services assistant director within seven calendar days of the Physical Intervention or restraint incident. The written report must contain the following elements:
(A) The degree to which the action taken was in compliance with OYA rules and policies; and
(B) Any recommendations to enhance staff and YIC safety during Physical Interventions or restraints.
(f) The Facility Services assistant director may forward the administrative review to the OYA director for a possible full review.
(3) Full Review:
(a) When an administrative review of an incident of Physical Intervention or restraint is forwarded to the director for a possible full review, the OYA director, or designee, will make the decision regarding the need for a full review.
(b) If a full review is required, the deputy director, or designee, will convene an impartial review committee. Review committee members must not have any personal involvement in the incident being reviewed. Individuals may be selected from external and internal stakeholders and experts as indicated by the incident to be reviewed.
(c) This process will not take the place of any legal investigation process or any judicial procedures or remedies.
(d) The review committee will prepare a final report for the OYA director no later than 10 working days following the completion of their review. Any exception to the timeline must be reasonable and documented in writing. The report must include:
(A) The degree to which the action taken was in compliance with OYA rules and policies; and
(B) Any recommendations to enhance staff and YIC safety during Physical Interventions or restraints.
(e) A copy of the final report must be forwarded to the superintendent or camp director, and the living unit manager.
(4) Exemption: Use of Security Restraints to escort YICs between units within a facility or to transport YICs outside the perimeter of the facility is part of ordinary and customary supervision of YICs and is not subject to this rule.

Notes

Or. Admin. R. 416-490-0050
OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10; OYA 14-2018, amend filed 07/13/2018, effective 7/16/2018; OYA 9-2023, amend filed 01/10/2023, effective 1/10/2023

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.105 & 420A.108

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