(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used unless:
(A) The transportation is secure transportation to a detention facility, youth correction facility, as defined in ORS 420.005, secure hospital, secure intensive community inpatient facility or other secure facility; or
(B) Restraints are necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.
(b) Prior to the use of restraints during transportation, a transportation safety plan, including documentation of the need for restraints, must be created. The transportation safety plan must address intervention strategies designed to modify behavior without the use of restraints and recommend the least restrictive effective alternative.
(c) Only staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.
(d) Restraints during transportation may not be used as punishment, for convenience or as a substitute for staff supervision.
(2) This section applies to all circumstances of transportation of a ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority, including but not limited to transportation between placements with child-caring agencies, foster homes, shelter care facilities, treatment and residential facilities or any other type of placement destination for a ward or child in the custody of the Department of Human Services. [2017 c.257 §3; 2019 c.382 §6; 2021 c.489 §49]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.004 - Definitions.
Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.
Section 419A.012 - Duties of director or counselor.
Section 419A.014 - Reports by juvenile department.
Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.
Section 419A.020 - County responsibility for expenses of juvenile department.
Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.
Section 419A.052 - Specifications of facilities.
Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.
Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.
Section 419A.059 - Designation of detention and shelter facilities.
Section 419A.063 - Requirements for detention facilities.
Section 419A.092 - Membership; training.
Section 419A.096 - Duties of Judicial Department in administering boards.
Section 419A.100 - Confidentiality of information; penalty.
Section 419A.102 - Access to confidential information by boards; procedure.
Section 419A.106 - Review of cases generally.
Section 419A.107 - Review of cases of adjudicated youths.
Section 419A.108 - Procedure for conflicts of interest.
Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.
Section 419A.110 - Immunity of participants in case review.
Section 419A.112 - Disclosure of information to participants in case review; confidentiality.
Section 419A.114 - When presence of agency personnel at board hearings required.
Section 419A.116 - Findings and recommendations; judicial review.
Section 419A.118 - Records; disclosure of findings and recommendations.
Section 419A.120 - Court use of findings and recommendations.
Section 419A.122 - Use of findings and recommendations by Department of Human Services.
Section 419A.128 - State Citizen Review Board Operating Account.
Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.
Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.
Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.
Section 419A.211 - Appointment of counsel.
Section 419A.240 - Use of restraints during juvenile court proceedings.
Section 419A.245 - Use of restraints during transport.
Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.
Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.
Section 419A.258 - Motion to inspect or copy records.
Section 419A.260 - Expunction; definitions.
Section 419A.262 - Expunction proceeding; notice to victim.
Section 419A.267 - Notice of expunction; forms.
Section 419A.269 - Effect of expunction; confidentiality violations; penalties.
Section 419A.271 - Appointment of counsel.
Section 419A.300 - Reports to school districts concerning young persons on conditional release.