Or. Admin. R. 414-310-0430 - Physical Restraint
(1) A school-age
center may only use physical restraint after complying with all requirements of
OAR 414-310-0410, Behavior and Guidance and OAR 414-310-0420, Prohibited
Discipline and in accordance with OAR 414-310-0170(2)(n).
(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 heavy weights (including an adult sitting on
a child) to physically restrain children.
(4) School-age 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
school-age center must:
(a) Report the use of
physical restraint, pursuant to OAR 414-310-0260, 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, school-age center staff
involved, duration, 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
Statutory/Other Authority: ORS 329A.280
Statutes/Other Implemented: ORS 329A.280
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) A school-age center may only use physical restraint after complying with all requirements of OAR 414-310-0410, Behavior and Guidance and OAR 414-310-0420, Prohibited Discipline and in accordance with OAR 414-310-0170(2)(n).
(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 heavy weights (including an adult sitting on a child) to physically restrain children.
(4) School-age 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 school-age center must:
(a) Report the use of physical restraint, pursuant to OAR 414-310-0260, 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, school-age center staff involved, duration, 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
Statutory/Other Authority: 329A.257
Statutes/Other Implemented: 329A.257