Or. Admin. R. 414-305-0720 - Physical Restraint

(1) A certified child care center may only use physical restraint after complying with all requirements of OAR 414-305-0700, Behavior and Guidance and OAR 414-305-0710, Prohibited Discipline and Actions, and in accordance with OAR 414-305-0200(2)(o).

(2) Physical restraint must only be used if a child's safety or the safety of others is threatened and 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 staff member must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children.

(4) Certified child care center staff 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 certified child care center must:

(a) Report the use of physical restraint, pursuant to OAR 414-305-0270, 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, certified child care center staff 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 center 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. A center must notify CCLD when a written plan has been developed.

Notes

Or. Admin. R. 414-305-0720

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 41-2024, minor correction filed 04/12/2024, effective 4/12/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260