La. Admin. Code tit. 48 § I-1109

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1109 - Physical/Mechanical Restraint

A. (3.13) Physical restraints shall be employed only when absolutely necessary to protect the child (classmember) from injury to himself or to prevent injury to others. Restraints shall not be employed as punishment, for the convenience of staff, or as a substitute for a treatment program. A child (classmember) shall be restrained only if alternative techniques have failed and only if such restraint imposes the least possible restriction consistent with its purpose; and then only in accordance with the following standards.

1. (3.131) An order for restraint shall be in writing and shall not be in force for longer than 12 hours.

2. (3.132) Except in an emergency situation only qualified professionals may authorize the use of restraints.

3. (3.133) A child (classmember) placed in restraint shall be checked at least every 30 minutes by staff trained in the use of restraints, and a record of such checks shall be kept.

4. (3.134) Mechanical restraints shall be designed and used so as not to cause physical injury to the child (classmember) and so as to cause the least possible discomfort.

5. (3.135) Opportunity for motion and exercise shall be provided for a period of not less than 10 minutes during each two hours in which restraint is employed.

6. (3.136) Daily reports shall be made to the superintendent by those qualified professionals ordering the use of restraints, summarizing all such use of restraints, the types used, the duration, and the reasons therefore.

7. (3.137) Emergency use of restraints shall be authorized only by the superintendent of the institution, shall be limited to a period of not more than one hour and shall conform to all of the provisions set forth in Pararaphs 3, 4 and 5 of this Section.

8. Illustrations

a. Staff reported to an auditor that restraints were used with a classmember, but the auditor found no record of it in the classmember's file.

b. Staff of the special master's office were told that staff ties a classmember to his/her wheelchair to avoid having to pursue him/her as the classmember is active.

c. An ambulatory classmember was observed by the judge and the special master restrained in a rocking chair due to staff shortage.

La. Admin. Code tit. 48, § I-1109

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with Gary W. et al vs. State of Louisiana et al, Civil Action 74-2412.