Oregon Statutes 419A.245 – Use of restraints during transport
(1) During the transportation of a youth, adjudicated youth, young person, ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority:
Terms Used In Oregon Statutes 419A.245
- Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
- Department: means the Department of Human Services. See Oregon Statutes 419A.004
- detention facility: means a facility established under ORS § 419A. See Oregon Statutes 419A.004
- Shelter care: means a home or other facility suitable for the safekeeping of a child, ward, youth or adjudicated youth who is taken into temporary custody pending investigation and disposition. See Oregon Statutes 419A.004
- Ward: means a person within the jurisdiction of the juvenile court under ORS § 419B. See Oregon Statutes 419A.004
- Young person: means a person who has been found responsible except for insanity under ORS § 419C. See Oregon Statutes 419A.004
- Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004
(a) Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used unless:
(A) The transportation is secure transportation to a detention facility, youth correction facility, as defined in ORS § 420.005, secure hospital, secure intensive community inpatient facility or other secure facility; or
(B) Restraints are necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior.
(b) Prior to the use of restraints during transportation, a transportation safety plan, including documentation of the need for restraints, must be created. The transportation safety plan must address intervention strategies designed to modify behavior without the use of restraints and recommend the least restrictive effective alternative.
(c) Only staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.
(d) Restraints during transportation may not be used as punishment, for convenience or as a substitute for staff supervision.
(2) This section applies to all circumstances of transportation of a ward or child by the Department of Human Services, the Oregon Health Authority or an agent of the department or authority, including but not limited to transportation between placements with child-caring agencies, foster homes, shelter care facilities, treatment and residential facilities or any other type of placement destination for a ward or child in the custody of the Department of Human Services. [2017 c.257 § 3; 2019 c.382 § 6; 2021 c.489 § 49]
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