Current through 2024 Regular Session legislation effective June 6, 2024
Section 418.521 - Prohibitions on restraint and involuntary seclusion of child in care(1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.(2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited: (b) Mechanical restraint.(e) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care's movement.(f) Any restraint that places, or creates a risk of placing, pressure on a child in care's neck or throat.(g) Any restraint that places, or creates a risk of placing, pressure on a child in care's mouth.(h) Any restraint that impedes, or creates a risk of impeding, a child in care's breathing.(i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care's neck, throat, genitals or other intimate parts.(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a child in care's stomach, chest, joints, throat or back by a knee, foot or elbow.(k) Any other action, the primary purpose of which is to inflict pain.Amended by 2023 Ch. 267, § 3, eff. 7/13/2023, op. 9/1/2023.