(2) A program shall maintain a record of each incident in which a reportable injury arises from the use of a restraint or involuntary seclusion. The record under this subsection must include any audio or video recording immediately preceding, during and following the incident.
(3)(a) If a program places a child in care in a restraint except as provided in ORS 418.523 (3)(a) or (b), or involuntary seclusion, the program shall provide the child in care’s case manager, attorney, court appointed special advocate and parents or guardians with:
(A) Verbal or electronic notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day; and
(B) Written notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day.
(b) The written notice must include:
(A) A description of the restraint or involuntary seclusion, the date of the restraint or involuntary seclusion, the times when the restraint or involuntary seclusion began and ended and the location of the restraint or involuntary seclusion.
(B) A description of the child in care’s activity that necessitated the use of restraint or involuntary seclusion.
(C) The efforts the program used to de-escalate the situation and the alternatives to restraint or involuntary seclusion the program attempted before placing the child in care in the restraint or involuntary seclusion.
(D)(i) The names of each of individual who placed the child in care in the restraint or involuntary seclusion or who monitored or approved the placement of the child in care in the restraint or involuntary seclusion.
(ii) For each individual identified in this subparagraph, whether the individual was certified as described in ORS 418.529 in the use of the type of restraint used or trained, as required by the Department of Human Services by rule, in the use of the involuntary seclusion used, the date of the individual’s most recent certification or training and a description of the types of restraint the individual is certified to use, if any.
(iii) If an individual identified in this subparagraph was not certified or trained in the type of restraint or involuntary seclusion used, or if the individual’s certification or training was not current, a description of the individual’s certification or training deficiency and the reason an individual without the proper certification or training was involved in the restraint or involuntary seclusion.
(4) If an incident requires notice under subsection (3) of this section, not later than two business days following the date of the restraint or involuntary seclusion, the program shall hold a debriefing meeting with each individual who was involved in the incident and with any other appropriate program staff, shall take written notes of the debriefing meeting and shall provide copies of the written notes to the child in care’s case manager, attorney, court appointed special advocate and parents or guardians.
(5)(a) If a program places a child in care in a restraint or involuntary seclusion and the child in care suffers a reportable injury arising from the restraint or involuntary seclusion, the program shall immediately provide the department and the child in care’s attorney, court appointed special advocate and parents or guardians with written notification of the incident and access to and, upon request, copies of all records related to the restraint or involuntary seclusion, including any photographs and audio or video recordings.
(b) If serious bodily injury or the death of staff personnel occurs in connection to the use of the restraint or involuntary seclusion, the program shall provide the department with written notification of the incident not later than 24 hours following the incident. [2021 c.672 §5; 2021 c.672 §6]
Note: The amendments to 418.526 by section 6, chapter 672, Oregon Laws 2021, become operative July 1, 2022. See section 18, chapter 672, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
(1) A program shall establish procedures for the program to follow when a child in care is placed in a restraint or involuntary seclusion. The procedures must be consistent with the provisions of this section and ORS 418.521 and 418.523.
(2) A program shall maintain a record of each incident in which a reportable injury arises from the use of a restraint or involuntary seclusion. The record under this subsection must include any audio or video recording immediately preceding, during and following the incident.
(3)(a) If a program places a child in care in a restraint except as provided in ORS 418.523 (3)(a) or (b), or involuntary seclusion, the program shall provide the child in care’s case manager, attorney, court appointed special advocate and parents or guardians with:
(A) Verbal or electronic notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day; and
(B) Written notice that the restraint or involuntary seclusion was used as soon as practicable following the incident but not later than the end of the next business day.
(b) The written notice must include:
(A) A description of the restraint or involuntary seclusion, the date of the restraint or involuntary seclusion, the times when the restraint or involuntary seclusion began and ended and the location of the restraint or involuntary seclusion.
(B) A description of the child in care’s activity that necessitated the use of restraint or involuntary seclusion.
(C) The efforts the program used to de-escalate the situation and the alternatives to restraint or involuntary seclusion the program attempted before placing the child in care in the restraint or involuntary seclusion.
(D)(i) The names of each of individual who placed the child in care in the restraint or involuntary seclusion or who monitored or approved the placement of the child in care in the restraint or involuntary seclusion.
(ii) For each individual identified in this subparagraph, whether the individual was trained, as required by the Department of Human Services by rule, in the use of the type of restraint or involuntary seclusion used, the date of the individual’s most recent training and a description of the types of restraint the individual is trained to use, if any.
(iii) If an individual identified in this subparagraph was not trained in the type of restraint or involuntary seclusion used, or if the individual’s training was not current, a description of the individual’s training deficiency and the reason an individual without the proper training was involved in the restraint or involuntary seclusion.
(4) If an incident requires notice under subsection (3) of this section, not later than two business days following the date of the restraint or involuntary seclusion, the program shall hold a debriefing meeting with each individual who was involved in the incident and with any other appropriate program staff, shall take written notes of the debriefing meeting and shall provide copies of the written notes to the child in care’s case manager, attorney, court appointed special advocate and parents or guardians.
(5)(a) If a program places a child in care in a restraint or involuntary seclusion and the child in care suffers a reportable injury arising from the restraint or involuntary seclusion, the program shall immediately provide the department and the child in care’s attorney, court appointed special advocate and parents or guardians with written notification of the incident and access to and, upon request, copies of all records related to the restraint or involuntary seclusion, including any photographs and audio or video recordings.
(b) If serious bodily injury or the death of staff personnel occurs in connection to the use of the restraint or involuntary seclusion, the program shall provide the department with written notification of the incident not later than 24 hours following the incident.
Note: See note under 418.519.