New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.7 - Restraints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use of
			 restraints in limited secure facilities shall be governed by the provisions of
			 section
			 441.17 
			 of this Title, except as provided in this section.
(b) The use of prone restraints shall not be
			 permitted in a limited secure facility.
(c) There must be an individualized treatment
			 or behavior support plan for each youth in care that addresses permissible and
			 precluded means of restraint, taking into consideration the medical,
			 psychological and developmental conditions and needs of the youth. Staff
			 responsible for the care of the youth must be provided with information on the
			 permissible restraints for each youth and the reasons for any limitations in
			 the type of restraints that may be used for each youth. The individualized
			 treatment or behavior support plan must be updated and revised whenever there
			 is any significant change in the physical, psychological or developmental
			 condition of the youth.
(d)
			 Mechanical restraints may be used in limited secure facilities in accordance
			 with the provisions of this section if such use is part of the facility's
			 restraint policy which has been approved pursuant to section
			 441.17 
			 of this Title. Seat belts, shoulder harnesses or wheelchair locks used in
			 vehicular transportation shall not be considered types of mechanical restraint.
(1) The permissible uses of mechanical
			 restraints in limited secure facilities shall consist solely of handcuffs and
			 footcuffs and may only be used by staff who have been appropriately trained in
			 the use of such restraints. Handcuffs and footcuffs must be of a size
			 appropriate for the youth on whom they are used.
(2) Mechanical restraints may be used on a
			 youth only if there has been a prior individualized assessment that has found
			 that the use of mechanical restraints is permissible for that youth. Any
			 limitations or prohibitions on the use of mechanical restraints for a youth
			 must be followed by staff.
(3)
			 Mechanical restraints may be used on a youth inside a limited secure facility
			 only if, after all appropriate pro-active, non-physical behavior management
			 techniques followed by all less restrictive physical behavior management
			 techniques have been tried and failed, the youth continues to be out of control
			 and presents a serious and evident danger to him or herself or others.
			 Mechanical restraints must 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. Mechanical restraints may be used to transport a
			 youth from a limited secure facility to court or other outside activities if an
			 individualized assessment conducted at the time of the transport determines
			 that the youth presents a clear danger to public safety or to him or
			 herself.
(4) Staff must 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.
(5) In no case may a
			 youth be handcuffed or footcuffed to any object.
(6) Handcuffs and footcuffs may not be
			 attached to each other.
(7) Use of
			 mechanical restraints for a youth must be initially authorized by the director
			 of the facility or a person designated by the director. The authorization must
			 be obtained prior to the use of mechanical restraints and re-authorized
			 throughout the use of the restraints at specified intervals as set forth in the
			 facility's restraint policy.
(8)
			 Staff must be aware of, and follow, all therapeutic and medical restrictions
			 for individual youth as they pertain to the use of mechanical
			 restraints.
(9) At least one staff
			 member with a key to the mechanical restraints must be on the scene at all
			 times when mechanical restraints are being used until the restraints are
			 removed.
(10) Any injuries or
			 health concerns found or observed by staff and any health concerns expressed by
			 youth after any use of mechanical restraint must be addressed
			 appropriately.