049-11 Wyo. Code R. §§ 11-9 - Restrictive Procedures

(a) Mechanical Restraints. A mechanical restraint is a device that restricts the movement or function of a juvenile or portion of a juvenile's body, including but not limited to, handcuffs, anklets, wristlets, camisoles, helmets with fasteners, muffs and mitts with fasteners, poseys, waist straps, head straps, papoose boards, restraining sheets and similar devices. The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of mechanical restraints;

(i) Mechanical restraints are never to be applied as punishment; and

(ii) Mechanical restraints shall be applied only with the approval of the JDC Administrator/Executive Director or designee.

(b) Use of Physical Restraint. The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing the use of physical restraint;

(i) Use of physical restraint shall be limited to instances of justifiable self-defense, protection of others, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority;

(ii) In no event is physical restraint justifiable as punishment; and

(iii) Chapter 3 Section 24 shall also be followed for all incidents involving the use of physical restraint.

(c) Room/Cell Confinement.

(i) The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of room/cell confinement, including:

(A) Emergency procedures while in confinement;

(B) Method for juveniles to access the grievance procedure during room confinement; and

(C) Time limits for confinement.

(ii) A juvenile may be confined in his/her room only if one (1) of the following conditions is met:

(A) During the intake period, it is necessary to observe the juvenile prior to classification;

(B) A period of crisis or emergency exists for the juvenile, when the juvenile is a danger to himself/herself or others; and/or

(C) The juvenile is beyond control, all other reasonable means to control or calm the juvenile have failed and the juvenile's welfare or the welfare of others requires the juvenile be confined.

(iii) If the juvenile is placed in room confinement, the following conditions shall be met:

(A) The juvenile shall be accorded living conditions and privileges approximating those available to the general juvenile population. Exceptions shall be justified by clear and substantial evidence;

(B) The juvenile has had the reasons for the confinement explained to him/her and been given an opportunity to explain the behavior leading to the confinement;

(C) The juvenile placed in room confinement shall be checked visually by staff at least every fifteen (15) minutes;

(D) The juvenile placed in room confinement shall be visited at least once each day by personnel from administrative, clinical, social work, religious, and/or medical units; and

(E) A confinement log shall be maintained that records:

(I) The name and title of the staff member who authorized the confinement;

(II) The date and time juvenile was placed in confinement;

(III) Documentation of the fifteen (15) minute visual checks;

(IV) Persons visiting the juvenile;

(V) The name and title of the staff member authorizing release from confinement; and

(VI) The time of release.

Notes

049-11 Wyo. Code R. §§ 11-9

Amended, Eff. 11/8/2017. Amended, Eff. 9/3/2021.