Current through Register Vol. 50, No. 9, September 20, 2024
A.
(3.13) Physical restraints shall be employed only when absolutely necessary to
protect the child (classmember) from injury to himself or to prevent injury to
others. Restraints shall not be employed as punishment, for the convenience of
staff, or as a substitute for a treatment program. A child (classmember) shall
be restrained only if alternative techniques have failed and only if such
restraint imposes the least possible restriction consistent with its purpose;
and then only in accordance with the following standards.
1. (3.131) An order for restraint shall be in
writing and shall not be in force for longer than 12 hours.
2. (3.132) Except in an emergency situation
only qualified professionals may authorize the use of restraints.
3. (3.133) A child (classmember) placed in
restraint shall be checked at least every 30 minutes by staff trained in the
use of restraints, and a record of such checks shall be kept.
4. (3.134) Mechanical restraints shall be
designed and used so as not to cause physical injury to the child (classmember)
and so as to cause the least possible discomfort.
5. (3.135) Opportunity for motion and
exercise shall be provided for a period of not less than 10 minutes during each
two hours in which restraint is employed.
6. (3.136) Daily reports shall be made to the
superintendent by those qualified professionals ordering the use of restraints,
summarizing all such use of restraints, the types used, the duration, and the
reasons therefore.
7. (3.137)
Emergency use of restraints shall be authorized only by the superintendent of
the institution, shall be limited to a period of not more than one hour and
shall conform to all of the provisions set forth in Pararaphs 3, 4 and 5 of
this Section.
8. Illustrations
a. Staff reported to an auditor that
restraints were used with a classmember, but the auditor found no record of it
in the classmember's file.
b. Staff
of the special master's office were told that staff ties a classmember to
his/her wheelchair to avoid having to pursue him/her as the classmember is
active.
c. An ambulatory
classmember was observed by the judge and the special master restrained in a
rocking chair due to staff shortage.
AUTHORITY NOTE:
Promulgated in accordance with Gary W. et al vs. State of Louisiana et al,
Civil Action 74-2412.
