Section 465 IAC 2-9-59 - Physical restraintsAuthority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
Affected: IC 12-17.4
Sec. 59.
(a) Physical restraint shall be used only if:(1) the child is a clear and present danger to himself or herself or others; and(2) therapeutic crisis intervention techniques:(A) have been attempted and failed; or(B) are diagnostically eliminated prior to use. Under no circumstance shall mechanical restraints be utilized to control a child's behavior.
(b) An awake staff member uninvolved in the restraint and trained in emergency interventions shall continuously maintain direct observation of the child during the restraint.(c) If an institution uses physical restraints, the institution shall develop policies and procedures on their usage that include the following:(1) A description of the types of physical restraints used.(2) The criteria for use.(3) Staff authorized to approve use.(4) Staff authorized and trained to apply restraints.(5) Procedures for application.(6) Staff training requirements.(7) Time limitations on use.(8) Monitoring requirements while child is in restraints.(d) Documentation of physical restraint training shall be in each employee's personnel record.(e) An institution shall not use any form of restraint until the policies and procedures in subsection (c) have been approved by the SDPW.(f) A record shall be maintained of each incident of physical restraint and placed in the child's record that includes the following information: (1) The date and time of the incident.(2) The name of the child.(3) The form of restraint used.(4) The length of time in restraint.(5) The name and title of the person who authorized use of restraint.(6) The name and title of the person applying the restraint.(7) The name of the person responsible for monitoring the child while in restraints.(8) A description of the child's behavior prior to, during, and after use of restraints.(9) A treatment team assessment of the effectiveness of the restraint and future alternatives.Department of Child Services; 465 IAC 2-9-59; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1970; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed November 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFAReadopted filed 10/10/2019, 10:42 a.m.: 20191106-IR-465190320RFA Transferred from the Division of Family Resources ( 470 IAC 3-11-59) to the Department of Child Services ( 465 IAC 2-9-59) by P.L. 234-2005, SECTION 195, effective July 1, 2005.