Or. Admin. Code § 411-346-0195
Current through Register Vol. 63, No. 11, November 1, 2024
Section 411-346-0195 - Restraint and Involuntary Seclusion(1) PROHIBITIONS (a) A child may not be placed in involuntary seclusion.(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:(C) Mechanical 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 that 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) The following restraints are not subject to the requirements described in subsection (b) 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.(3) TRAINING REQUIREMENTS. With the exception of restraints described in section (2)(c) 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.Or. Admin. Code § 411-346-0195
APD 47-2021, temporary adopt filed 10/29/2021, effective 11/1/2021through 4/29/2022; APD 20-2022, adopt filed 04/13/2022, effective 4/15/2022; APD 15-2023, temporary amend filed 08/29/2023, effective 9/1/2023 through 2/27/2024; APD 7-2024, amend filed 02/26/2024, effective 2/26/2024Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835
Statutes/Other Implemented: ORS 409.010, 418.519-418.523, 427.007, 427.104, 430.215, 430.610, 430.662, 443.830 & 443.835