RCW 13.40.650
Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.
(1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee at an institution or detention facility makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the employee of the institution or detention facility determines that extraordinary circumstances exist and restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth no restraints of any kind may be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of a patient by treating physicians licensed under Title 18 RCW.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or detention facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all restraints.
[ 2010 c 181 § 11.]
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.40 - Juvenile Justice Act of 1977.
13.40.010 - Short title—Intent—Purpose.
13.40.020 - Definitions (as amended by 2021 c 206).
13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
13.40.0351 - Equal application of guidelines and standards.
13.40.0357 - Juvenile offender sentencing standards.
13.40.038 - County juvenile detention facilities—Policy—Detention and risk assessment standards.
13.40.042 - Detention of juvenile suffering from mental disorder or substance use disorder.
13.40.045 - Escapees—Arrest warrants.
13.40.054 - Probation bond or collateral—Modification or revocation of probation bond.
13.40.056 - Nonrefundable bail fee.
13.40.060 - Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.
13.40.077 - Recommended prosecuting standards for charging and plea dispositions.
13.40.085 - Diversion services costs—Fees—Payment by parent or legal guardian.
13.40.090 - Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
13.40.110 - Hearing on question of declining jurisdiction—Held, when—Findings.
13.40.120 - Hearings—Time and place.
13.40.127 - Deferred disposition.
13.40.135 - Sexual motivation special allegation—Procedures.
13.40.162 - Special sex offender disposition alternative.
13.40.165 - Substance use disorder or mental health disposition alternative.
13.40.190 - Disposition order—Restitution for loss or damage—Modification of restitution order.
13.40.193 - Firearms—Length of confinement.
13.40.196 - Firearms—Special allegation.
13.40.198 - Penalty assessments—Jurisdiction of court.
13.40.205 - Release from physical custody, when—Authorized leaves—Leave plan and order—Notice.
13.40.212 - Intensive supervision program—Elements.
13.40.217 - Juveniles adjudicated of sex offenses—Release of information authorized.
13.40.230 - Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.
13.40.240 - Construction of RCW references to juvenile delinquents or juvenile delinquency.
13.40.250 - Traffic infraction, transit infraction, and civil infraction cases—Diversion agreements.
13.40.265 - Firearm, alcohol, and drug violations.
13.40.310 - Transitional treatment program for gang and drug-involved juvenile offenders.
13.40.320 - Juvenile offender basic training camp program.
13.40.400 - Applicability of RCW 10.01.040 to chapter.
13.40.430 - Disparity in disposition of juvenile offenders—Data collection.
13.40.460 - Juvenile rehabilitation programs—Administration.
13.40.462 - Reinvesting in youth program.
13.40.464 - Reinvesting in youth program—Guidelines.
13.40.466 - Reinvesting in youth account.
13.40.468 - Juvenile rehabilitation administration—State quality assurance program.
13.40.480 - Student records and information—Reasons for release—Who may request.
13.40.500 - Community juvenile accountability programs—Findings—Purpose.
13.40.510 - Community juvenile accountability programs—Establishment—Proposals—Guidelines.
13.40.520 - Community juvenile accountability programs—Grants.
13.40.530 - Community juvenile accountability programs—Effectiveness standards.
13.40.540 - Community juvenile accountability programs—Information collection—Report.
13.40.550 - Community juvenile accountability programs—Short title.
13.40.560 - Juvenile accountability incentive account.
13.40.570 - Sexual misconduct by state employees, contractors.
13.40.580 - Youth courts—Diversion.
13.40.590 - Youth court programs.
13.40.600 - Youth court jurisdiction.
13.40.610 - Youth court notification of satisfaction of conditions.
13.40.620 - Appearance before youth court with parent, guardian, or legal custodian.
13.40.630 - Youth court dispositions.
13.40.640 - Youth court nonrefundable fee.
13.40.650 - Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.
13.40.660 - Exchange of intimate images by minors—Findings—Work group.
13.40.720 - Imposition of legal financial obligations—City, town, or county authority.
13.40.730 - Community transition services program.
13.40.735 - Planned release—Notice to health care insurance provider.
13.40.740 - Juvenile access to an attorney.
13.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.