Or. Admin. Code § 414-310-0430

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0430 - Physical Restraint

(1) A school-age center may only use physical restraint after complying with all requirements of OAR 414-310-0410, Behavior and Guidance and OAR 414-310-0420, Prohibited Discipline and in accordance with OAR 414-310-0170(2)(n).

(2) Physical restraint must only be used if a child's safety or the safety of others is threatened and must be:

(a) Limited to holding a child as gently as possible to accomplish restraint;

(b) Limited to the minimum amount of time necessary to control the situation; and

(c) Developmentally appropriate.

(3) A staff member must not use bonds, ties, blankets, straps, or heavy weights (including an adult sitting on a child) to physically restrain children.

(4) School-age center staff must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint.

(5) If physical restraint is used, a school-age center must:

(a) Report the use of physical restraint, pursuant to OAR 414-310-0260, Notifications;

(b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and

(c) Document the incident in the child's file, including the date, time, school-age center staff involved, duration, and what happened before, during, and after the child was restrained.

(6) If physical restraint is used more than once on a specific child, the center must develop a written plan with input from individuals who have knowledge of the child's behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. A center must notify CCLD when a written plan has been developed.

Or. Admin. Code § 414-310-0430

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 101-2024, minor correction filed 05/09/2024, effective 5/9/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280