Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.21 - Mechanical Restraint-juvenile Detention Only

Current through Register Vol. 47, No. 3, July 24, 2024
When a juvenile detention facility uses mechanical restraints
				  as part of its program, the facility shall have written policies regarding
				  their use. These policies shall be approved by the department before use of
				  mechanical restraints. The policies shall be available to clients, parents or
				  guardians, and referral sources at the time of admission. Policies shall also
				  be available to staff. The executive director of the detention home shall sign
				  the commitment contained in Form 470-0703, Evaluation and Recommendation for
				  Approval to Use Mechanical Restraint, before the facility shall be approved to
				  use a mechanical restraint.
(1)
Restrictions on mechanical restraints.
a. Mechanical restraints shall not inflict
				physical injury.
b. Each use of
				mechanical restraint shall be authorized by the executive director of the
				facility, as discussed in 105.5(4), or other staff designated by the executive
				director if those staff meet one of the following requirements:
(1) Have a bachelor's degree in social work,
				psychology or a related behavioral science and one year of supervised
				experience in a juvenile shelter care, detention or foster group care
				facility.
(2) Have five years of
				supervised experience in a juvenile shelter care, detention or foster group
				care facility.
(3) Have some
				combination of advanced education in related behavioral sciences and supervised
				experience in a juvenile shelter care, detention or foster group care facility
				equal to five years. The facility shall have a written listing of all staff
				designated and qualified to authorize the use of mechanical
				restraint.
c. When
				immediate restraint is necessary to protect the safety of the child, other
				residents of the facility, staff or others, mechanical restraint may be
				utilized without prior authorization but in each case a person designated to
				provide authorization shall be contacted as soon as the child is restrained.
				The designated person shall visit the resident before determining if continued
				use of the mechanical restraint is necessary. If not viewed as necessary, the
				child shall be immediately released from restraint.
d. Except for mechanical restraint of a child
				by the staff of a juvenile detention facility for the amount of time needed
				while that child is being transported to a point outside the facility and as
				necessary when there is a serious risk of the child exiting a vehicle while the
				vehicle is in motion or otherwise absconding, each authorization of mechanical
				restraint shall not exceed 1 hour in duration without a visit by and written
				authorization from a licensed psychologist, psychiatrist or physician
				.
e. No child shall be kept in
				mechanical restraint for more than 1 hour in a 12-hour period without a visit
				by and written authorization from a licensed psychologist, psychiatrist or
				physician.
f. Anytime that a child
				is placed in mechanical restraint, a staff person shall be assigned to monitor
				the child with no duties other than to ensure that the child's physical needs
				are properly met. The staff person shall remain in continuous auditory and
				visual contact with the child.
g.
				Each child shall be released from mechanical restraint as soon as the
				restraints are no longer needed.