Current through September 24, 2024
1.
Written policies, procedures, and actual practices ensure that:
a. Unit staff receive annual training in
conflict management, de-escalation of confrontations, crisis intervention,
management of assaultive behavior, and the facility's continuum of methods of
control.
b. Unit staff receive
annual training on situations in which use of physical force or mechanical
restraints is or is not justified, permitted methods of physical force and
restraints, appropriate techniques for application of force and restraints, and
guidance to staff in deciding what level of physical force or restraints to use
if that becomes necessary.
c. Unit
staff follow a graduated set of interventions that limit the use of physical
force or mechanical restraints, employ a range of interventions or actions
before using force or restraints, and permit only that amount of force needed
to ensure the safety of the minor and others.
i. Only staff specifically trained in the
application of physical force and mechanical restraints may use such techniques
or devices; staff only use approved techniques or devices.
2. Written
policies and procedures in the facility set forth the principles below for use
of force and mechanical restraints:
a. Staff
only use approved physical force techniques when a youth's behavior threatens
imminent harm to the youth or others or serious property destruction.
b. Staff only use physical force
or mechanical restraints in the degree and for the amount of time necessary to
bring the situation under control. As soon as a youth regains self-control,
staff stop using physical force or mechanical restraints.
c. During transportation, staff may use
mechanical restraints to prevent injury or escape. Based on the youth's
behavior and on an individual basis, staff may restrict movement of youth's
legs during transportation. Staff do not handcuff youth together during
transportation.
d. Staff do not use
belly belts or chains on pregnant girls. Any use of leg shackles or leg irons
on pregnant youth is made on a case-by-case basis by the facility administrator
or his/her designee.
e. During
facility emergencies, staff may use handcuffs to prevent injury or escape.
Staff remove handcuffs promptly after the youth is placed in his or her room,
or is otherwise in a safe place. In an instance in which a youth is out of
control, the facility administrator or his/her designee may authorize ongoing
use of restraints until the youth is under control. Staff continuously monitor
youth who are in mechanical restraints using one-on-one direct staff
supervision. Except in exigent circumstances, staff contact the mental health
provider if any youth is in mechanical restraints in his or her room for longer
than 15 minutes.
f. If use of force
is necessary, staff use approved defensive physical force techniques including
evasion and deflection maneuvers or holding techniques that immobilize the body
without locking joints or using pressure points.
3. Youth who are restrained have reasonable
access to food, water, toilet facilities, and hygiene supplies.
4. Written policies, procedures, and actual
practices prohibit:
a. Use of chemical
agents, including pepper spray, tear gas, and mace.
b. Use of pain compliance techniques at the
facility. Pain compliance techniques are different from defensive physical
force.
c. Hitting youth with a
closed fist, kicking or striking youth, or using chokeholds or blows to the
head on youth.
d. Use of four or
five-point restraints, straightjackets, or restraint chairs.
e. Hogtying youth.
f. Restraining youth to fixed objects,
including beds, or walls.
g.
Restraining youth in a prone position and putting pressure on the youth's back
or chest.
h. Using physical force
or mechanical restraints for punishment, discipline, or treatment.
i. Use of belly belts or chains on pregnant
girls.
5. Staff document
all incidents in which physical force or mechanical restraints are used
including:
a. Name of youth.
b. Date and time physical force or mechanical
restraints were used on youth.
c.
Date and time youth were released from mechanical restraints.
d. The person authorizing placement of youth
in restraints.
e. A description of
the circumstances leading up to the application of force or restraints, and
what occurred during and after the restraint.
f. Persons involved in the incident and other
witnesses.
g. The alternative
actions attempted and found unsuccessful or reasons alternatives were not
possible.
h. The type of physical
force or mechanical restraints used.
i. Referrals or contacts with health and
mental health professionals including the date and time such persons were
contacted.
6. Medical
professionals document all contact with youth subjected to physical force or
restraints, including the name and position of medical or mental health
professionals, the date and time of initial contact, all subsequent monitoring,
pertinent findings, instructions to staff, and follow up to the incident.
7. Staff and youth involved in
serious use of force or restraint incidents and/or use of force or restraint
incidents where youth are injured undergo an immediate debriefing process with
supervisory staff and mental health professionals to explore what might have
prevented the need for force or restraint and alternative ways of handling the
situation. Staff also make reasonable attempts to notify parents or guardians
of serious use of force or restraint incidents and/or use of force or restraint
incidents where youth are injured and ask for input and support on ways to
prevent future such incidents.
8.
The facility administrator or his/her designee regularly reviews and maintains
a file in his or her office, for a period of at least one year after the
incident, of reports on all incidents in which youth are subjected to physical
force or placed in restraints.
9. A
restraint review committee, to include the facility administrator or his/her
designee, training staff, mental health staff, and line staff, regularly
reviews all force and restraint incidents to identify departures from policy
and issues needing policy clarification, to develop targeted training, and to
provide feedback to staff on effective crisis management.
Miss. Code Ann.
§§
43-21-901
to
43-21-915
(Rev. 2016).
