Current through November 25, 2024
(1) TYPES OF MECHANICAL RESTRAINTS.
Mechanical restraints include, but are not limited to, handcuffs with
restraining belt or chain, restraining chains, leg restraints and leather and
plastic restraints.
(2) USE OF
MECHANICAL RESTRAINTS. Mechanical restraints may be used in any of the
following situations if the superintendent determines that the use of
mechanical restraints is necessary to protect staff, youth or the public or to
maintain the security of the institution:
(a)
To transport a youth within or outside an institution.
(b) For a youth who is in security status
while the youth is outside the place of confinement or for a youth who is out
of control.
(c) To protect staff,
youth or other persons from a youth who poses an immediate risk of physical
injury to others unless restrained.
(d) To protect a youth who poses an immediate
threat of physical injury to self unless restrained.
(3) APPROVAL FOR USE OF MECHANICAL
RESTRAINTS. A youth may be placed in mechanical restraints only with the
authorization of the superintendent.
(4) PROHIBITED USE OF MECHANICAL RESTRAINTS.
Mechanical restraints may not be used in any of the following ways:
(a) When the use of mechanical restraints is
medically contra-indicted.
(b)
About the head or neck of a youth in a manner not prescribed by the
manufacturer.
(c) In a way that
causes undue physical discomfort or inflicts physical pain to a
youth.
(d) As a method of
punishment.
(e) To secure a youth
to a motor vehicle.
(5)
USE OF FULL BODY RESTRAINTS. Full body restraints may be used only for the
following reasons with authorization from the superintendent:
(a) To protect a youth who poses an immediate
threat of physical injury to self unless placed in full body
restraints.
(b) To protect a youth
in a health emergency that requires full body restraints.
(c) To protect staff, youth or other persons
from a youth who poses an immediate risk of physical injury to others unless
placed in full body restraints.
(d)
To immobilize a youth in full body restraints, because the youth's conduct
significantly disrupts the security or function of the institution and less
restrictive ways to control the behavior have failed.
(6) PROCEDURE FOR PLACING A YOUTH IN FULL
BODY RESTRAINTS. When staff place a youth in full body restraints sub. (5) (a)
to (d) all of the following apply:
(a) The
shift supervisor shall be present and shall notify the superintendent, a health
services professional and the psychologist on call.
(b) A minimum of 3 staff shall be present
when the youth is placed in full body restraints.
(c) A video and audio recording shall be made
as directed by the superintendent.
(d) A staff psychologist or psychiatrist
shall arrange for an on-site evaluation within 3 hours after the application of
full body restraints unless the superintendent authorizes an extension, which
may not exceed 8 hours.
(e) The
psychologist or psychiatrist shall recommend to the superintendent whether the
youth should remain in full body restraints and what actions should be taken to
protect the youth.
(f) A health
services professional shall conduct a physical examination as soon as possible,
but not later than one hour after application of full body restraints. A
physical examination shall be conducted every 4 hours thereafter by a health
services professional.
(g) Staff
shall directly observe a youth immobilized in full body restraints at least
every 15 minutes.
(h) Youth may be
partially released from full body restraints if it is safe to do so to perform
bodily functions and for meals. Three staff members, one of whom shall be a
supervisor, shall be present before and during the release.
(i) The youth shall be released immediately
if it becomes apparent that full body restraints present a medical risk to the
youth.
(7) RECORD OF USE
OF FULL BODY RESTRAINTS. A record must be kept of youth placed in full body
restraints under sub. (5) (a) to (d) which shall include the following:
(a) The youth's full name and identifying
number.
(b) The date and time of
immobilization.
(c) Names of the
staff members and supervisor present when the youth was placed in full body
restraints.
(d) The reasons for
placing the youth in full body restraints.
(e) The dates and times that the youth was
observed by staff as required by sub. (6) (g), the name of the staff making the
observation and comments on the youth's condition and behavior while in full
body restraints.
(f) The dates and
times full body restraints were removed.
(g) Medication given and the time it was
given.
(h) The dates and times that
the youth was observed by clinical staff, a health services professional or a
licensed psychologist or psychiatrist, the recommendations made by those
persons and whether staff implemented the recommendations.
(8) RELEASE FROM FULL BODY RESTRAINTS. The
superintendent may authorize partial or complete release from full body
restraints at any time.
(9) TIME IN
FULL BODY RESTRAINTS. No youth may be immobilized in full body restraints for
longer than 12 hours, unless the youth is examined by a psychologist,
psychiatrist or the crisis intervention worker, who shall make a written
recommendation to the superintendent as to whether the youth should continue to
remain in full body restraints. An examination by a psychologist, psychiatrist
or crisis intervention leader shall occur thereafter at least every 12 hours
that a youth is in full body restraints. The superintendent may authorize the
use of restraints for more than 12 hours. The superintendent shall notify the
administrator of the decision to continue the use of full body restraints
beyond 12 hours and every 12 hours thereafter.
(10) TRANSFER TO A MENTAL HEALTH FACILITY.
Staff shall initiate a transfer to a mental health facility under s.
51.35(3),
Stats., if appropriate. Staff shall not retain a youth in full body restraints
under sub. (5) (a) to (d) for more than 24 hours, unless a transfer to a mental
health facility has been initiated by the institution.
(11) MONTHLY REPORT ON FULL BODY RESTRAINTS.
A monthly report concerning each incident involving the use of full body
restraints under sub. (5) (a) to (d) shall be submitted by the superintendent
to the administrator.
(12) SUPPLY
OF MECHANICAL RESTRAINTS. Institutions shall maintain a supply of commercially
manufactured mechanical restraints approved by the department. The mechanical
restraints shall be periodically examined and any excessively worn or defective
mechanical restraints shall be removed from the supply and destroyed.
