N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.16

Current through Register Vol. 46, No. 43, October 23, 2024

Section 180-3.16 - Use of Mechanical Restraints

(a) Mechanical restraints may be used in specialized secure detention facilities in accordance with the provisions of this section if such use is part of the facility's restraint policy that was approved pursuant to section 180-3.14 of this Subpart. Seat belts, shoulder harnesses or wheelchair locks used in vehicular transportation shall not be considered types of mechanical restraint.

(b) The permissible uses of mechanical restraints in specialized secure detention facilities shall consist solely of foot cuffs, handcuffs and belts through which handcuff chains are threaded, and may only be used by staff who have been appropriately trained in the use of such restraints.

(c) Mechanical restraints shall not be used if a youth's individualized plan prohibits their use. Staff shall be aware of, and follow, all therapeutic and medical restrictions for individual youth as they pertain to the use of mechanical restraints.

(d) Mechanical restraints may be used on a youth inside a specialized secure detention facility only after all appropriate pro-active, non-physical behavior management techniques have been attempted, as well as all appropriate less restrictive physical behavior management techniques have been tried and failed, and the youth continues to be out of control and presents a serious and evident danger to himself or herself or others. Mechanical restraints shall be removed as soon as the youth is sufficiently under control so that the youth can be managed safely using other less restrictive, approved methods.

(e) Staff shall provide constant, direct, visual supervision of any youth in mechanical restraints for the protection of the youth's safety, to evaluate that the youth is properly restrained, and to determine the continued need for the use of mechanical restraints.

(f) In no case may a youth be handcuffed or foot-cuffed to any object or another youth.

(g) Handcuffs and foot cuffs shall not be attached to each other or the cuffs of another youth.

(h) Mechanical restraints shall be used initially for a limited time period. Prior to the expiration of that time period, continued use of mechanical restraints for another limited period shall be authorized by the facility director. Reauthorization by the facility director shall be obtained for continued use of mechanical restraints for any successive limited time period as set forth in the facility's policy.

(i) At least one staff member with a key to the mechanical restraints shall be on the scene at all times when mechanical restraints are being used until the restraints are removed.

(j) Any injuries or health concerns found or observed by staff and any health concerns expressed by youth after any use of mechanical restraint shall be addressed appropriately.

(k) For any youth who is in labor or delivery, handcuffs and foot cuffs are prohibited. The medical director shall also make individual recommendations regarding limiting the use of mechanical restraints based on the youth's medical condition at any point in her pregnancy or post-partum.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.16

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018