Or. Admin. Code § 414-360-0720

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-360-0720 - [Effective 7/1/2025] Physical Restraint

(1) A provider may only use physical restraint if:

(a) A child's safety or the safety of others is threatened; and

(b) The provider has complied with all elements of Behavior and Guidance listed in OAR 414-360-0700(2)(a) through (g).

(2) Physical restraint must be:

(a) Limited to holding a child as gently as possible to accomplish restraint;

(b) Limited to the minimum amount of time necessary to control the situation; and

(c) Developmentally appropriate.

(3) A provider must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children.

(4) Caregivers must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint.

(5) If physical restraint is used, a provider must:

(a) Report the use of physical restraint pursuant to OAR 414-360-0270, Notifications;

(b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and

(c) Document the incident in the child's file, including the date, time, duration, caregivers involved, and what happened before, during, and after the child was restrained.

(6) If physical restraint is used more than once on a specific child, the provider must develop a written plan with input from individuals who have knowledge of the child's behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. The provider must notify CCLD when a written plan has been developed.

Or. Admin. Code § 414-360-0720

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280