Or. Admin. Code § 411-325-0355 - Restraint and Involuntary Seclusion of a Child
(1) PROHIBITIONS.
(a) Involuntary seclusion of a child is
prohibited.
(b) A child may not be
placed in a restraint except as described in section (2) of this
rule.
(c) The use of any of the
following types of restraint of a child is prohibited:
(A) A restraint with any of the following
characteristics:
(i) Abusive.
(ii) Aversive.
(iii) Coercive.
(iv) Demeaning.
(v) Disciplinary.
(vi) For convenience.
(vii) Punishment.
(viii) Retaliatory.
(B) Chemical restraint.
(C) Mechanical restraint.
(D) Prone restraint.
(E) Supine restraint.
(F) Any restraint that includes the
intentional and nonincidental use of a solid object, including the ground, a
wall, or the floor, to impede a child's movement, unless the restraint is
necessary to gain control of a weapon. The use of a solid object is not
prohibited when the object is used solely for the stability and support of the
person placing the child in a restraint and the object does not apply pressure
to the child's body.
(G) Any
restraint that places, or creates a risk of placing, pressure on a child's neck
or throat.
(H) Any restraint that
places, or creates a risk of placing, pressure on a child's mouth, unless the
restraint is necessary for the purpose of extracting a body part from a
bite.
(I) Any restraint that
impedes, or creates a risk of impeding, a child's breathing.
(J) Any restraint that involves the
intentional placement of any object or a hand, knee, foot, or elbow on a
child's neck, throat, genitals, or other intimate parts.
(K) Any restraint that causes pressure to be
placed, or creates a risk of causing pressure to be placed, on a child's
stomach, chest, joints, throat, or back by a knee, foot, or elbow.
(L) Any other action, the primary purpose of
which is to inflict pain.
(2) PERMISSIBLE USE OF RESTRAINT.
(a) Except as otherwise provided in this
rule, a child may only be placed in a restraint if the child's behavior poses a
reasonable risk of imminent serious bodily injury to the child or others and
less restrictive interventions would not effectively reduce the risk.
(b) A restraint may only be used on a child
if:
(A) The restraint 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 restraint uses the least amount of
physical force and contact possible; and
(C) The restraint is not a prohibited
restraint described in section (1)(c) of this rule.
(c) In addition to the restraints described
in subsection (b) of this section, a child may be placed in a restraint if:
(A) The restraint is used only for as long as
the child's behavior poses a reasonable risk of imminent serious bodily
injury;
(B) The person placing the
child in the restraint is trained, as described in section (3) of this rule, to
administer the type of restraint used;
(C) The program provider continuously
monitors the child for the duration of the restraint; and
(D) The restraint is performed in a manner
that is safe, proportionate, and appropriate, taking into consideration the
child's:
(i) Chronological and developmental
age;
(ii) Size;
(iii) Gender identity;
(iv) Physical, medical, and psychiatric
condition; and
(v) Personal
history, including any history of physical or sexual abuse.
(d) The following
restraints are not subject to the requirements described in subsections (b) or
(c) of this section.
(A) Holding the child's
hand or arm to escort the child safely and without the use of force from one
area to another.
(B) Assisting the
child to complete a task if the child does not resist the physical
contact.
(C) The use of
safeguarding equipment to address a child's medical condition or medical
support need when the safeguarding equipment is included in a medical order
written by the child's licensed health care provider and implemented consistent
with the medical order.
(D) The use
of safeguarding equipment to address a child's behavior support need when the
safeguarding equipment is included in the child's Positive Behavior Support
Plan.
(E) The use of acceptable
infant safety products.
(F) The use
of car safety systems, consistent with applicable state law.
(e) In addition to the
requirements described in subsection (c) of this section, if a program provider
places a child in a restraint for more than 10 minutes, the program provider
must:
(A) Provide the child with adequate
access to the bathroom and water at least every 30 minutes; and
(B) Receive authorization for the
continuation of the restraint by a Program Supervisor every five minutes after
the first 10 minutes of the restraint.
(i) The
Program Supervisor must be trained in the ODDS-approved behavior intervention
curriculum, specifically in the type of restraint being used.
(ii) If the Program Supervisor is not on-site
at the time the restraint is used, the Program Supervisor may provide the
written authorization electronically. The written authorization must document
why the restraint continues to be the least restrictive intervention to reduce
the risk of imminent serious bodily injury in the given
circumstances.
(3) TRAINING REQUIREMENTS. With the exception
of restraints described in section (2)(d) of this rule, each person placing a
child in a restraint must be trained by a certified trainer using an
ODDS-approved behavior intervention curriculum, to administer the type of
restraint used.
(4) POLICY AND
PROCEDURE. A program provider must develop and implement written policies and
procedures when a child is placed in a restraint according to this
rule.
(5) NOTIFICATION OF
RESTRAINT.
(a) If a program provider places a
child in a restraint, except as provided in section (2)(d) of this rule, the
program provider must provide the child's case manager, attorney, court
appointed special advocate, and parent or guardian with:
(A) Verbal or electronic notice that a
restraint was used as soon as practicable following the restraint but not later
than the end of the next business day; and
(B) Written notice as described in subsection
(b) of this section as soon as practicable following the incident but not later
than the end of the next business day.
(b) WRITTEN NOTICE. The written notice must
include:
(A) A description of the restraint
including all of the following:
(i) The date
of the restraint.
(ii) The times
when the restraint began and ended.
(iii) The location of the
restraint.
(B) A
description of the child's activity that necessitated the use of the
restraint.
(C) The efforts the
program provider used to deescalate the situation and the alternatives to
restraint attempted before placing the child in the restraint.
(D) The names of each person who placed the
child in the restraint and who monitored or approved the placement of the child
in the restraint including all of the following:
(i) Whether the person was trained as
required by section (3) of this rule to administer the type of restraint used,
the date of the person's most recent training, and a description of the types
of restraint the person is trained to use, if any.
(ii) If a person was not trained in the type
of restraint, or if the person's training was not current, a description of the
person's training deficiency and the reason the person without the proper
training was involved in the restraint.
(c) DEBRIEFING MEETING.
(A) When notification is required as
described in subsection (b) of this section, the program provider must hold a
debriefing meeting with each person involved in the restraint and with any
other appropriate staff.
(B) The
debriefing meeting must be held no later than two business days following the
date of the restraint.
(C) Written
notes of each debriefing meeting must be taken and provided to the child's case
manager, attorney, court appointed special advocate, and parent or
guardian.
(6)
If serious bodily injury or the death of staff occurs in connection to the use
of a restraint, the program provider must provide ODDS with written
notification of the incident not later than 24 hours following the
incident.
(7) REPORTABLE INJURY.
(a) A program provider must maintain a record
for each incident in which a reportable injury arises from the use of a
restraint.
(b) If a program
provider places a child in a restraint and the child suffers a reportable
injury arising from the restraint, the program provider must immediately
provide ODDS and the child's attorney, court appointed special advocate, and
parent or guardian with written notification of the incident and upon request,
access to copies of all records related to the restraint, including any
photographs.
(8)
INCIDENT REPORTING. In addition to the notice requirements in section (5)(b) of
this rule, all incidents involving restraint must be documented in an incident
report as required by OAR
411-323-0063.
(9) QUARTERLY REPORTING. Beginning September
1, 2021, a program provider must provide to ODDS data regarding the use of
restraints in a quarterly report. The report must be thoroughly and accurately
completed using the ODDS approved form and submitted quarterly.
(a) If a program provider delivers services
in more than one 24-hour residential setting, the quarterly reports must
separate the data for each 24-hour residential setting that serves five or more
children.
(b) If the site-specific
data for a given 24-hour residential setting is not included in the quarterly
report because the program provider serves fewer than five children in that
setting, the quarterly report must include the aggregate number of children
served by the program provider across all of its 24-hour residential settings
and the reporting requirements described in this section still apply to any of
the program provider's other settings serving five of more children.
(c) ODDS shall make the quarterly report
available on ODDS' website.
(d)
Each program provider that submits a quarterly report under this section shall
make the quarterly report available to the public upon request at the program
provider's main office and on the program provider's website if the program
provider maintains a website.
(e)
Each program provider shall provide notice regarding how to access the
quarterly reports to a child's parent or guardian. The program provider shall
provide the notice upon the child's admission and at least two times each year
thereafter.
(f) Restraints
described in section (2)(d) of this rule are not subject to the reporting
requirements of this section.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 430.662, 443.450 & 443.455
Statutes/Other Implemented: ORS 409.010, 418.519-418.529, 427.007, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.