Oregon Administrative Rules
Chapter 416 - OREGON YOUTH AUTHORITY
Division 490 - USE OF TIME-OUT, ROOM-LOCK OTHER, ISOLATION, SAFETY PROGRAMS, PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES
Section 416-490-0050 - Reviews
Universal Citation: OR Admin Rules 416-490-0050
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Preliminary Review:
(a) All use of Physical Intervention
and restraint incidents require a preliminary review within 48 hours, excluding
weekends and holidays by a facility manager.
(b) A preliminary review requires the
accumulation of all relevant information, such as reports and documents of
involved persons and witnesses, with a review for complete information and
compliance of administrative directives. Interviews may be necessary to clarify
or obtain relevant information.
(c)
Based on the preliminary review, the facility manager must document whether the
Physical Intervention was performed according to OYA rules and policies, and if
an administrative review of the incident is warranted.
(2) Administrative Review:
(a) An administrative review is required when
a YIC is seriously injured during an incident of Physical Intervention or
restraint. Examples of serious injury include, but are not limited to, a break
in skin requiring suture, bruising accompanied by swelling or extreme pain,
broken bones, internal injury; any injury requiring medical treatment beyond
routine first aid.
(b) When an
administrative review of an incident of Physical Intervention or restraint is
not required but the incident is forwarded to the superintendent or camp
director for a possible administrative review, the superintendent or camp
director will make the decision regarding the need for an administrative
review.
(c) The superintendent or
camp director must designate at least two staff to conduct the administrative
review. The designated staff must not have been involved in the incident being
reviewed. The designated staff must have appropriate experience, training, and
knowledge of OYA policies, procedures, and practices necessary to conduct the
review.
(d) An administrative
review requires the accumulation of all relevant information, such as reports
and documents of involved persons. Interviews may be necessary to clarify or
obtain relevant information.
(e) A
written report with relevant information must be submitted by the reviewing
staff to the superintendent or camp director, and the Facility Services
assistant director within seven calendar days of the Physical Intervention or
restraint incident. The written report must contain the following elements:
(A) The degree to which the action taken was
in compliance with OYA rules and policies; and
(B) Any recommendations to enhance staff and
YIC safety during Physical Interventions or restraints.
(f) The Facility Services assistant director
may forward the administrative review to the OYA director for a possible full
review.
(3) Full Review:
(a) When an administrative review of an
incident of Physical Intervention or restraint is forwarded to the director for
a possible full review, the OYA director, or designee, will make the decision
regarding the need for a full review.
(b) If a full review is required, the deputy
director, or designee, will convene an impartial review committee. Review
committee members must not have any personal involvement in the incident being
reviewed. Individuals may be selected from external and internal stakeholders
and experts as indicated by the incident to be reviewed.
(c) This process will not take the place of
any legal investigation process or any judicial procedures or
remedies.
(d) The review committee
will prepare a final report for the OYA director no later than 10 working days
following the completion of their review. Any exception to the timeline must be
reasonable and documented in writing. The report must include:
(A) The degree to which the action taken was
in compliance with OYA rules and policies; and
(B) Any recommendations to enhance staff and
YIC safety during Physical Interventions or restraints.
(e) A copy of the final report must be
forwarded to the superintendent or camp director, and the living unit
manager.
(4) Exemption: Use of Security Restraints to escort YICs between units within a facility or to transport YICs outside the perimeter of the facility is part of ordinary and customary supervision of YICs and is not subject to this rule.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.105 & 420A.108
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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