Mich. Admin. Code R. 400.4161 - Secure juvenile justice facilities, mechanical restraint; policies and procedures; prohibitions
Rule 161.
(1)
Secure juvenile justice facilities must develop and implement written policies
and procedures regarding the use of mechanical restraint in actual practice in
secure detention and residential treatment juvenile justice
facilities.
(2) Staff are
prohibited from doing the following:
(a)
Handcuffing youth together during transportation or restraining youth to a
vehicle.
(b) Leaving sleeping youth
in restraints.
(c) Leaving a
restrained youth alone.
(3) The only mechanical restraints that staff
may use within a facility are handcuffs, unless circumstances require, and
written approval is given by the chief administrator, for the use of leg
shackles, a leg bar, or belly chains or belly belts, or both.
(4) Within the facility or during
transportation to or from the facility, staff may use handcuffs when an
assessment has been made that the youth presents a current risk of escape or
serious, recent assaultive behavior has been documented and there are no other
means available to provide for the safety of other youth and staff. In the rare
instances that staff need additional restraints as described in subrule (3) of
this rule during transportation, staff must document specific reasons for the
use of any mechanical restraint other than handcuffs and obtain written
approval by the chief administrator.
(5) During secure facility emergencies, such
as a lockdown or riot, staff may use handcuffs and belly chains to prevent
serious injury or escape. Staff must remove handcuffs and other restraints
promptly after the youth is placed in his or her room or is otherwise in a safe
place.
(6) In the event a
mechanical restraint occurs, it must be performed in a manner that is safe,
appropriate, and proportionate to the severity of the youth's behavior,
chronological and developmental age, size, gender, physical condition, medical
condition, psychiatric condition, and personal history, including any history
of trauma, and done in a manner consistent with the youth's treatment
plan.
(7) If a mechanical restraint
is used, staff must use the permitted methods of mechanical restraint and
appropriate techniques for use of restraints, and the agency shall provide
guidance to staff in deciding what level of restraint to use if that becomes
necessary.
(8) Restraint may not
last longer than the minimal duration of time it takes for a youth to regain
self-control and to restore safety.
(9) Staff must continuously monitor the
youth's breathing and other signs of physical distress and take appropriate
action to ensure adequate respiration, circulation, and overall
well-being.
(10) When an emergency
health situation occurs or the youth exhibits sign of physical distress during
the restraint, staff must immediately obtain treatment for the youth.
(11) Written policies and notifications must
be posted publicly in visiting areas and provided in writing, in their
entirety, to referral agencies and legal guardians.
Notes
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No prior version found.