(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.

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(2) Except as provided in ORS § 418.523 (4), the use of the following types of restraint of a child in care are prohibited:

(a) Chemical restraint.

(b) Mechanical restraint.

(c) Prone restraint.

(d) Supine 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. [2021 c.672 § 2; 2023 c.267 § 3]

 

See note under 418.519.