Rule 10.1 - USE OF RESTRAINTS IN COURTROOM(a)Definition. "Restraint" means an instrument of physical restraint, including handcuffs, chains, irons and straight jackets.(b)In General. Restraints must be removed prior to a courtroom proceeding unless a party or the detention, transport or juvenile court office staff request a finding by the court that the child poses an immediate and serious risk of dangerous or disruptive behavior or of escape or flight.(c)Evidence. The party requesting the use of restraints in the courtroom must provide the court and the parties with facts to support a finding requiring use of restraints. The child must be given an opportunity to be heard regarding the use of restraints.(d)Restraint Factors. Factors that may be considered by the court in reviewing a request for the child to remain in restraints during a courtroom proceeding include: (2) the child's temperament;(3) the desperateness of the child's situation;(4) the security situation at the courtroom and courthouse, including special security needs or escape risks;(5) the child's physical condition; and(6) whether there is an alternate means of providing security that would be less prejudicial to the child.(e)Findings Required. If the court orders the use of restraints, the court must make case-specific findings of fact on the record in support of the order.Effective 3/1/2017 amended effective 10/1/2019.Explanatory Note
Rule 10.1 was adopted effective March 1, 2017 as Rule 20. It was renumbered effective October 1, 2019.
SOURCES: Juvenile Policy Board Minutes of July 31, 2019, page; June 21, 2019, page 3. Joint Procedure Committee Minutes of April 26, 2019, page 19; September 24-25, 2015, pages 24-25.