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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 490

USE OF TIME-OUT, ISOLATION, SPECIAL PROGRAM PLACEMENT,
PHYSICAL INTERVENTION, AND RESTRAINT IN OYA FACILITIES

416-490-0000

Purpose

(1) The purpose of this rule is to provide guidance and direction in the use of Time-out, Isolation, Special Program Placement, Physical Intervention, and restraint by OYA staff in the performance of their duties. The rule is written to minimize the risk of injury to offenders and staff, prevent serious destruction of state property, and meet the mission of OYA.

(2) It is the policy of the OYA to authorize different Interventions in circumstances specified in these rules. When a Time-out, Isolation or Special Program Placement, Physical Intervention, or restraint is authorized, the type, amount, and manner of use authorized are specified in these rules and OYA policy.

(3) The use of Physical Intervention and restraint by OYA staff is authorized by the Director.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 8-2000(Temp), f. 9-28-00, cert. ef. 9-28-00 thru 2-26-01; OYA 2-2001, f. & cert. ef. 2-27-01; OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0010

Definitions

(1) Administrative Hold: Any instance when an offender is separated from the general population for reasons other than behavioral Intervention, which may include Isolation.

(2) Case Plan: A case plan is a formal plan with prescribed Interventions and documentation requirements and is a tool to assist staff in managing cases, setting goals and reviewing offenders' Interventions and progress. A case plan constitutes and fulfills the requirements of the Reformation Plan as defined in ORS 420A.005, 420A.125 and 420A.010 and is created and maintained in the statewide Juvenile Justice Information System (JJIS).

(3) Hard Restraints: Metal devices used to restrict physical activity. Hard restraints include, but are not limited to, handcuffs and leg irons.

(4) Intervention: The means by which an offender's inappropriate behavior is redirected to a more acceptable level. Staff Interventions are designed to alter the environment to allow the individual offender to regain self-control and choose the way in which to change. The type of Intervention used directly correlates to the behavior change needed.

(5) Isolation: Any instance when an offender is confined alone in a locked room because of the offender’s behavior or conduct.

(6) Physical Intervention: Direct physical contact where reasonable force is applied to an offender against resistance, either to restrict movement or mobility or to disengage from harmful behavior. Examples of harmful behavior and the need for this Intervention include, but are not limited to, escape-related behavior; significant destruction of property; violence directed toward others; violence as a result of panic, distress or confusion; and self-directed violence or self-injury.

(7) Special Program Placement: Any instance when an offender is placed in a special program for the offender’s safety or the safety of others to regulate the offender’s routine activities and help the offender regain adequate behavior control.

(8) Time-out: Any instance when an offender is separated from other offenders for a limited time to another location (chair or table), unlocked room, or sleeping area to help the offender regain adequate behavior control.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2000(Temp), f. 5-26-00, cert. ef. 5-26-00 thru 9-15-00; OYA 7-2000, f. & cert. ef. 9-22-00; OYA 8-2000(Temp), f.& cert. ef. 9-28-00 thru 2-26-01; OYA 2-2001, f. & cert. ef. 2-27-01; OYA 7-2001(Temp), f. & cert. ef. 11-16-01 thru 5-15-02; OYA 10-2002, f. & cert. ef. 5-16-02; OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0020

Exemptions

The following types of procedures are part of ordinary and customary supervision of offenders and are not subject to these rules:

(1) Hard restraints used to escort offenders between units within a facility or to transport outside the secure perimeter of the facility; and

(2) An Administrative Hold that separates an offender from the general population for reasons other than behavioral Intervention. Examples include, but are not limited to, protective custody, intake processes, investigation, area searches, or medical purposes. However, whenever an offender is placed on Administrative Hold, staff will follow facility procedures to ensure the safety and wellbeing of the offender, including the conditions in Isolation identified in OAR 416-490-0032.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0030

General Provisions

(1) Staff Intervention on an offender’s inappropriate behavior is designed to alter the offender’s environment to allow the offender to regain self-control and choose the way in which to change his or her behavior. The type of Intervention used must directly correlate to the behavior change needed.

(2) Isolation, restraint, or Physical Intervention must only be used when an offender is a danger to him- or herself or others or an immediate threat to safety, security, and order (e.g. to prevent an escape, imminent danger of significant property destruction).

(3) Isolation, restraint, or Physical Intervention is viewed as an exceptional or extreme practice.

(4) Once initiated, the Intervention must be as limited in time as possible.

(5) All staff expected to have a role in restraint and Physical Intervention must be trained and demonstrate competency.

(6) Managers are held accountable at all times for initiating, using, and terminating Isolation, restraint, or Physical Intervention procedures. Accountability is a component of performance improvement efforts and staff competency evaluations.

(7) Each offender’s case plan must identify specific Interventions to be used to avoid Time-outs, Isolation or Special Program Placements, restraint, or Physical Interventions, and address the offender’s strengths and cultural issues.

(8) Decisions to initiate Isolation procedures, planned restraint or Physical Interventions must include an assessment of the offender’s history of sexual and physical abuse, violence, developmental disability, and medical or psychiatric issues pertinent to the decision.

(9) Mental health services staff must be notified when offenders with either mental health or developmental disability issues are placed in Isolation or a special program, restrained, or involved in Physical Interventions.

(10) After an incident, offenders and staff must be involved in a clinically-timed post-procedure debriefing to determine how future incidents can be prevented.

(11) Offender dignity must be maintained to the extent possible.

(12) Time-out, special program or Isolation placements, restraint, or Physical Intervention must not be initiated or maintained as a substitute for treatment, as punishment, or for staff convenience.

(13) Isolation, Physical Intervention, and restraint are emergency safety Interventions, not therapeutic techniques and are implemented in a manner designed to protect the offender's safety, dignity, and emotional wellbeing.

(14) Staff must reinforce the offender’s positive behaviors and strengths, and remain sensitive to cultural issues.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0031

Time-Out

(1) The purpose of a Time-out Intervention is to separate an offender from the facility’s general population due the offender’s inappropriate behavior until the offender regains self-control. Time-out must occur in an unlocked room, or area, within sight of the general population.

(2) Time-out must not be used as punishment, as a convenience or substitute for staff supervision, or a substitute for individualized treatment.

(3) Staff must monitor the offender every 15 minutes for wellbeing and possible return to the general population.

(4) Staff must interview the offender at least every two hours to determine whether the offender may return to the general population. The results of the interview must be documented in writing.

(5) Incidents of Time-out that continue into the general population’s normal sleeping hours must only be continued as incidents of Isolation or Administrative Hold, and must adhere to OAR 416-490-0032.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0032

Isolation

(1) The purpose of an Isolation Intervention is to remove an offender from the facility’s general population to give the offender an opportunity to self-regulate his or her behavior, and return to the general population as soon as possible.

(a) Isolation must occur in a locked, individual room.

(b) Isolation must only be used when an offender is a danger to him- or herself or other people, or is an immediate threat to the safety, security, or order of the facility.

(c) Isolation placement must be authorized by a facility manager.

(2) Isolation must not be used as punishment, as a convenience or substitute for staff supervision, or a substitute for individualized treatment.

(3) Staff must monitor the offender every 15 minutes for wellbeing and possible return to the general population. The monitoring must be documented in writing.

(4) Isolation must only be used until the offender regains self-control and can return to a less restrictive setting in accordance with OYA policy. An incident of Isolation must not exceed five consecutive days.

(5) In some situations, staff may assess that the appropriate level of Intervention requires the placement of the offender in restraint devices. Offenders in restraint devices must be continually observed by staff.

(6) If an offender is placed in Isolation for more than 24 consecutive hours, the following must occur:

(a) The placement must be reviewed by the superintendent, camp director, or designee. The person reviewing the placement must not have been involved in the incident or in the placement of the offender in Isolation.

(b) the offender must be granted the option of an Isolation hearing by the superintendent, camp director, or designee as described in OAR 416-470-0050; and

(c) Daily visits by at least one member of the offender’s treatment team.

(7) For offenders who have been identified with severe or the highest mental health treatment needs, a clinical interview will be conducted and documented by a mental health care practitioner upon notification of the offender’s placement in Isolation. Requests for psychological Intervention by a mental health care practitioner may also be initiated by staff, or by an offender in Isolation.

(8) Offenders in Isolation will be afforded the same opportunity to maintain health and dignity as afforded offenders in the general population consistent with requirements for the program and in accordance with OYA policy.

(9) Searches: Upon entering Isolation, the offender will be searched according to agency policy.

(a) Every item of material or equipment (books, magazines, etc.) must be inspected.

(b) All rooms must be searched upon staff assessment that a search is warranted, and before and after each occupancy. Unauthorized items must be removed from the room.

(10) Exceptions:

(a) Offenders may be placed in an Isolation room without bedding, hygiene supplies, mail or reading material for up to two hours after initially occupying the room.

(b) When an offender is placed in Isolation for two hours or longer, an offender may only be denied an article of clothing, bedding, hygiene supplies, mail, or reading material under the following conditions:

(A) The offender abused or misused the item;

(B) There exists a substantial threat of imminent misuse of the item; or

(C) The item is considered by staff to pose a threat to the offender.

(c) The reason for denying the offender an item must be documented in writing.

(d) If an item has been denied after an offender has been in Isolation for two hours or longer, staff must evaluate returning the item at least once every 24 hours. If upon evaluation the item continues to be denied, the rationale for continued denial must be documented in writing.

(e) Staff have a continued obligation to assure basic hygiene, sanitation, and offender dignity despite the removal of items.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0033

Special Program

(1) The purpose of a special program Intervention is to manage an offender’s behavior when other Interventions have been exhausted and ineffective in managing the offender’s behavior within the facility’s general population. A special program Intervention may use a combination of Time-out and Isolation incidents to modify routine activities such as meals, recreation, school, treatment, and other programs. All incidents of Time-out and Isolation must follow OARs 416-490-0031 and 416-490-0032.

(2) A special program plan must identify the routine activities to be controlled that will allow an offender to manage the offender’s behavior. The special program plan must include at least the following:

(a) Identified modified activities;

(b) When the offender will engage in the modified activities;

(c) Where the offender will engage in the modified activities; and

(d) How the offender will engage in the modified activities.

(3) A special program plan must be developed by the offender’s treatment team and authorized by the facility superintendent or camp director.

(4) An offender’s placement in a special program must be reviewed at least every 30 days by the facility superintendent or camp director for placement need and policy compliance.

(a) Special Program Placements may not exceed 60 consecutive days, unless approved by the appropriate OYA assistant director.

(b) Reviews and resulting decisions must be documented in writing.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0034

Physical Intervention

Staff will use the least restrictive Physical Intervention with an offender to obtain the desired behavior change.

(1) The following types of Physical Intervention are prohibited:

(a) The use of Interventions as coercion, punishment, or retaliation; and

(b) Physical Intervention techniques that are applied for the purpose of inflicting physical pain, undue physical discomfort, or to restrict blood circulation or breathing.

(2) Recognizing that out-of-control behavior generally escalates; staff will identify offenders who are having difficulty controlling their behavior and provide early Interventions.

(3) Before using Physical Intervention, OYA staff must attempt to gain control of the offender using verbal de-escalation techniques. Unless there is imminent danger to the staff member, other offenders, or staff, staff will delay the use of Physical Intervention until another staff is able to assist.

(4) When Physical Intervention is used, staff must ensure that:

(a) Offenders are examined by a health-trained person as soon as safely practicable, whether or not injury is visible. Staff will immediately provide a written summary and photograph, in color, of any visible injury; and

(b) A report is made by each staff member involved in the Intervention, including staff witnesses.

(5) The facility superintendent, camp director, or designee, and health services personnel will review all reports. If there are any incidents that appear to violate OYA training, rules or policy, administrative staff will further investigate or cause an investigation to be completed.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0035

Restraint

(1) OYA staff must not use the following restraint positions or devices on any offender:

(a) The placement of an offender in a prone position with arm(s) and leg(s) restrained behind the back ("hogtie" position);

(b) Restraint positions or techniques that are designed to inflict physical pain, undue physical discomfort, or to restrict blood circulation or breathing; or

(c) Chemical agents.

(2) The use of restraint to punish an offender, or as a convenience to or substitute for staff supervision is prohibited.

(3) Offenders must not restrain or assist in restraining any person.

(4) Offenders in restraint devices must be continually observed by staff.

(5) The OYA Director must approve all restraint devices and techniques prior to their uses on offenders.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

416-490-0050

Reviews

(1) Preliminary Review:

(a) All use of Physical Intervention and restraint incidents require a preliminary review within 48 hours, excluding weekends and holidays, of the incident and may include facility administration, security and health services staff.

(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) A preliminary review report with relevant information must be submitted by the reviewing staff to the superintendent, camp director, or designee with one of the following recommendations:

(A) The action was in compliance with OYA rules and policies and requires no further review; or

(B) The action was in compliance with OYA rules and policies and requires a full review; or

(C) The action was not in compliance with OYA rules and policies and requires a full review.

(d) The superintendent, camp director or designee may forward the preliminary review report to the Director’s Office to be considered for a full review.

(2) Full Review:

(a) A full review is required when an offender or staff 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, or time off from work.

(b) When a preliminary review of an incident of Physical Intervention or restraint is forwarded to the Director’s Office for a possible full review, the Director will make the decision regarding the need for a full review.

(c) 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.

(A) Individuals may be selected from external and internal stakeholders and experts as indicated by the incident to be reviewed.

(B) This process will not take the place of any legal investigation process or any judicial procedures or remedies.

(C) The Review Committee will prepare a final report for the 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 will include:

(i) The degree to which the action taken was in compliance with OYA rules and policies; and

(ii) Any recommendations to enhance staff and offender safety during Physical Interventions or restraints.

(D) A copy of the final report must be forwarded to the superintendent or camp director, and the living unit manager.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 10-2005, f. & cert. ef. 4-20-05; OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10

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