California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 5 - Minimum Standards for Juvenile Facilities › Article 5 - Classification and Segregation › Section 1358 - Use of Physical Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility administrator, in cooperation with the
						responsible physician and mental health director, shall develop and implement
						written policies and procedures for the use of restraint devices. Restraint
						devices include any devices which immobilize a youth's extremities and/or
						prevent the youth from being ambulatory.
Physical restraints may be used only for those youth who
						present an immediate danger to themselves or others, who exhibit behavior which
						results in the destruction of property, or reveals the intent to cause
						self-inflicted physical harm. Physical restraints should be utilized only when
						it appears less restrictive alternatives would be ineffective in controlling
						the youth's behavior.
In no case shall restraints be used as punishment or
						discipline, or as a substitute for treatment. The use of restraint devices that
						attach a youth to a wall, floor or other fixture, including a restraint chair,
						or through affixing of hands and feet together behind the back (hogtying) is
						prohibited. The use of restraints on pregnant youth is limited in accordance
						with Penal Code Section
						6030(f)
						and Welfare and Institutions Code Section
						222.
The provisions of this section do not apply to the use of
						handcuffs, shackles or other restraint devices when used to restrain youth for
						movement or transportation within the facility. Movement within the facility
						shall be governed by Section
						1358.5, Use of Restraint Devices
						for Movement Within the Facility.
Youth shall be placed in restraints only with the
						approval of the facility manager or designee. The facility manager may delegate
						authority to place a youth in restraints to a physician. Reasons for continued
						retention in restraints shall be reviewed and documented at a minimum of every
						hour.
A medical opinion on the safety of placement and
						retention shall be secured as soon as possible, but no later than two hours
						from the time of placement. The youth shall be medically cleared for continued
						retention at least every three hours thereafter.
A mental health consultation shall be secured as soon as
						possible, but in no case longer than four hours from the time of placement, to
						assess the need for mental health treatment.
Continuous direct visual supervision shall be conducted
						to ensure that the restraints are properly employed, and to ensure the safety
						and well-being of the youth. Observations of the youth's behavior and any staff
						interventions shall be documented at least every 15 minutes, with actual time
						of the documentation recorded.
In addition to the requirements above, policies and
						procedures shall address:
(a)
					 documentation of the circumstances leading to an application of
					 restraints.
(b) known medical
					 conditions that would contraindicate certain restraint devices and/or
					 techniques.
(c) acceptable
					 restraint devices.
(d) signs or
					 symptoms which should result in immediate medical/mental health
					 referral.
(e) availability of
					 cardiopulmonary resuscitation equipment.
(f) protective housing of restrained youth.
					 While in restraint devices, all youth shall be housed alone or in a specified
					 housing area for restrained youth which makes provision to protect the youth
					 from abuse.
(g) provision for
					 hydration and sanitation needs.
(h)
					 exercising of extremities.
1. New
						section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2.
						Amendment of subsections (a), (c) and (d) filed 1-11-2001; operative 2-10-2001
						(Register 2001, No. 2).
3. Amendment of subsections (b)-(d) filed
						6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. New
						subsection (f) filed 5-23-2008 as an emergency; operative 5-23-2008 (Register
						2008, No. 21). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency
						language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 5-23-2008 order transmitted
						to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
6.
						Amendment of section and NOTE filed 12-2-2013; operative 4-1-2014 (Register
						2013, No. 49).
7. Amendment filed 11-14-2018; operative 1-1-2019
						(Register 2018, No. 46).
Note: Authority cited: Sections
						  210
						  and
						  885,
						  Welfare and Institutions Code. Reference: Section
						  6030(f),
						  Penal Code; and Section
						  222,
						  Welfare and Institutions Code.