Physical force, when authorized - Mechanical restraints – Chemical agents.

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A. Use of physical force in institutions and other facilities operated by or through contract with the Office of Juvenile Affairs wherein children are housed shall be permitted only under the following circumstances:

1. For self-protection;

2. To separate juveniles who are fighting; or

3. To restrain juveniles in danger of inflicting harm to themselves or others; or

4. To restrain juveniles who have escaped or who are in the process of escaping.

B. When use of physical force is authorized, the least force necessary under the circumstances shall be employed.

C. Staff members of residential and nonresidential programs who are assigned to work with juveniles shall receive written guidelines on the use of physical force, and that, in accordance with staff disciplinary procedures, loss of employment may result if unauthorized use of physical force is proven.

D. Use of mechanical restraints in institutions and other facilities operated by or through contract with the Office of Juvenile Affairs or the Department of Mental Health and Substance Abuse Services wherein children are housed shall be minimal and shall be prohibited except as specifically provided for in the rules of the Office of Juvenile Affairs and Department of Mental Health and Substance Abuse Services.

E. Use of chemical agents and electroshock weapons in secure facilities operated by or through contract with the Office of Juvenile Affairs shall be minimal and shall be prohibited except as specifically provided for in the rules of the Office of Juvenile Affairs.

Added by Laws 1995, c. 352, § 96, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 21, emerg. eff. May 21, 2009. Renumbered from § 7302-6.4 of Title 10 by Laws 2009, c. 234, § 174, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 115, § 1, eff. Nov. 1, 2010.


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