N.J. Admin. Code § 10A:31-13.10

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:31-13.10 - Care of pregnant inmates

(a) Designated staff at the adult county correctional facility shall provide pregnant inmates with medical and social services as soon as possible after the pregnancy is diagnosed. Medical and social services shall include:

1. Prenatal medical evaluation and care;

2. Nutritional supplements and diet as prescribed by the treating physician;

3. Non-directive counseling regarding:

i. Family planning;

ii. Birth Control;

iii. Termination of pregnancy;

iv. Child placement services; and

v. Religious counseling, if desired by the inmate.

4. Obstetrical services;

5. Abortion services, unless the treating physician and/or gynecologist determines that the pregnancy cannot be terminated; and

6. Appropriate postpartum and follow-up medical care.

(b) The delivery or termination of pregnancy shall be scheduled only at a State-licensed medical facility or hospital.

(c) Designated staff at the adult county correctional facility shall also provide the pregnant inmate with:

1. Suitable maternity clothes if the inmate is unable to provide her own;

2. Reasonable housing assignments, as permitted by available space and the inmate's security status; and

3. Appropriate exercise and reduced work schedules as deemed advisable by the treating physician.

(d) A pregnant inmate should not be placed in restraints, other than handcuffs, without prior medical approval, unless there are reasonable grounds to believe the inmate presents an immediate, serious threat of hurting herself, staff, or others, or that she presents an immediate credible risk of escape that cannot be reasonably contained through other methods. Medical personnel will review the placement of restraints as soon as practicable.

(e) The following types of restraints and restraint practices are prohibited for use on a pregnant inmate:

1. Abdominal restraints;

2. Leg and ankle restraints;

3. Wrist restraints behind the back; or

4. Four-point restraints.

(f) Restraints should not be used on a pregnant inmate during labor and delivery and should be avoided during the post-partum period, unless the use of restraints meets the criteria of (d) above. The determination of when post-partum has commenced and has ended shall rest solely with the medical providers of the pregnant inmate.

(g) Written standard operating procedures shall be established that include, but are not limited to:

1. Use of restraints on a pregnant inmate during transportation;

2. Frequency for reassessing the use of restraints when they have been deemed necessary or appropriate; and

3. Documentation for the use of restraints, such as what type was used, what manner it was used in, and the length of time it was used.

(h) When it is deemed that a pregnant inmate must be restrained, necessary precautions must be taken to ensure her unborn child is unharmed. Health Services personnel must prescribe the necessary precautions, including decisions about the manner in which the inmate is to be restrained, that is, whether medical personnel should be present during the application of restraints, whether the inmate should be restrained at the institutional hospital or a local medical facility, etc.

N.J. Admin. Code § 10A:31-13.10

Amended by 49 N.J.R. 3751(a), effective 12/4/2017