Section 394.10. Mechanical restraints.

 

(1)   General . Trained staff may use mechanical restraints only in accordance with this section.

(2)   Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

(a) To stop a type 2 status youth in the act of escaping.

(b) To transport a type 2 status youth who has escaped and been apprehended.

(c) To temporarily restrain a type 2 status youth in the type 2 CCI until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(3)   Limitations on use . Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment.

(b) About the head or neck of a youth.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

(d) To secure a youth to a motor vehicle.

(4)   Mechanical restraint procedures .

(a) Custody and transportation. When trained staff place a type 2 status youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Observation. Staff shall remain with a type 2 status youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

(c) Services and privileges. A type 2 status youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(d) Check for injury. When staff use mechanical restraints, the type 2 status youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(e) Record. When staff use mechanical restraints to take a type 2 status youth into physical custody, staff shall promptly notify a supervisor. The type 2 CCI shall promptly notify the department and the county department having supervision over the youth, but no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth's file. The type 2 CCI shall send a copy of the written report to the department or county department and to the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:

1. The youth's full name, date, time and place the youth was placed in mechanical restraints.

2. The name of staff who placed the youth in restraints.

3. All relevant facts related to the incident that required the use of restraints.

4. The reason for placing the youth in restraints and a description of the restraints used.

5. A statement indicating when and under what circumstances the restraints were removed.

(5)   Equipment . Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00.