Cal. Code Regs. Tit. 22, § 84368.3 - [Operative until 7/1/2024] Review of Manual Restraint Use

(a) The administrator or administrator's designee must discuss the use of the manual restraints with the facility personnel involved no later than the next working day following the incident.

(b) The administrator or administrator's designee must determine whether the emergency intervention action taken by the staff member(s) was consistent with the emergency intervention plan, and document the findings in the child's record and facility monthly log as specified in Section 84361. The manual restraint review must evaluate the following:

(1) Did the staff member(s) attempt to de-escalate the situation. What interventions were utilized. Did the staff member(s) attempt at least two non-physical interventions.

(A) If the use of any de-escalation technique causes an escalation of the child's behavior, the use of the technique must be evaluated for its effectiveness. De-escalation techniques which are ineffective or counter-productive must not be used.

(2) Were manual restraints utilized only after less restrictive techniques were utilized and proven to be unsuccessful.

(3) Was the child restrained for the minimum amount of time, limited to when the child is presenting an immediate danger to himself/herself or others.

(c) The administrator or administrator's designee, the child's authorized representative or parent and facility social work staff must assess whether it is necessary to amend the child's needs and services plan.

Notes

Cal. Code Regs. Tit. 22, § 84368.3

1. Renumbering and amendment of former section 84806 to section 84368.3 filed 1-17-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 4).
3. Change without regulatory effect renumbering and amending former section 84806 to section 84368.3 filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.

1. Renumbering and amendment of former section 84806 to section 84368.3 filed 1-17-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 4).
3. Change without regulatory effect renumbering and amending former section 84806 to section 84368.3 filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).