New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.16 - Use of Mechanical Restraints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mechanical restraints may be used in
				  specialized secure detention facilities in accordance with the provisions of
				  this section if such use is part of the facility's restraint policy that was
				  approved pursuant to section
				  180-3.14 of this Subpart. Seat
				  belts, shoulder harnesses or wheelchair locks used in vehicular transportation
				  shall not be considered types of mechanical restraint.
(b) The permissible uses of mechanical
				  restraints in specialized secure detention facilities shall consist solely of
				  foot cuffs, handcuffs and belts through which handcuff chains are threaded, and
				  may only be used by staff who have been appropriately trained in the use of
				  such restraints.
(c) Mechanical
				  restraints shall not be used if a youth's individualized plan prohibits their
				  use. Staff shall be aware of, and follow, all therapeutic and medical
				  restrictions for individual youth as they pertain to the use of mechanical
				  restraints.
(d) Mechanical
				  restraints may be used on a youth inside a specialized secure detention
				  facility only after all appropriate pro-active, non-physical behavior
				  management techniques have been attempted, as well as all appropriate less
				  restrictive physical behavior management techniques have been tried and failed,
				  and the youth continues to be out of control and presents a serious and evident
				  danger to himself or herself or others. Mechanical restraints shall be removed
				  as soon as the youth is sufficiently under control so that the youth can be
				  managed safely using other less restrictive, approved methods.
(e) Staff shall provide constant, direct,
				  visual supervision of any youth in mechanical restraints for the protection of
				  the youth's safety, to evaluate that the youth is properly restrained, and to
				  determine the continued need for the use of mechanical restraints.
(f) In no case may a youth be handcuffed or
				  foot-cuffed to any object or another youth.
(g) Handcuffs and foot cuffs shall not be
				  attached to each other or the cuffs of another youth.
(h) Mechanical restraints shall be used
				  initially for a limited time period. Prior to the expiration of that time
				  period, continued use of mechanical restraints for another limited period shall
				  be authorized by the facility director. Reauthorization by the facility
				  director shall be obtained for continued use of mechanical restraints for any
				  successive limited time period as set forth in the facility's policy.
(i) At least one staff member with a key to
				  the mechanical restraints shall be on the scene at all times when mechanical
				  restraints are being used until the restraints are removed.
(j) Any injuries or health concerns found or
				  observed by staff and any health concerns expressed by youth after any use of
				  mechanical restraint shall be addressed appropriately.
(k) For any youth who is in labor or
				  delivery, handcuffs and foot cuffs are prohibited. The medical director shall
				  also make individual recommendations regarding limiting the use of mechanical
				  restraints based on the youth's medical condition at any point in her pregnancy
				  or post-partum.