Title 42
State Affairs and Government

Chapter 72.9
Children’s Right to Freedom from Restraint Act

§ 42-72.9-4. Use of restraints.

(a) No service provider may use a life threatening physical restraint on any child at any time. This section shall not be construed as limiting any defense to a criminal prosecution for the use of deadly physical force that may be available in the general laws.

(b) After January 1, 2001, no service provider shall administer a restraint on a child unless trained in accordance with the provisions of this chapter.

(c) No service provider shall administer a physical, mechanical, or chemical restraint on a child, unless the following conditions are met:

(1) A service provider in a covered facility may impose restraints only to prevent immediate or imminent risk of harm to the physical safety of the child, staff, or other individuals in the facility. Restraints shall be removed at the earliest possible time that the child can commit to safety and no longer poses a threat to himself or herself or others;

(2) The use of mechanical restraints on children and youth must be administered in strict accordance with policies developed by the service provider and is limited to those covered facilities granted specific authority to use mechanical restraint methods by their respective state licensing authorities after review and approval of their policies. The use of mechanical restraints at the Rhode Island training school for youth will be governed exclusively by rules and regulations promulgated by DCYF in accordance with § 42-72.9-9 on or before January 1, 2001;

(3) A physical, mechanical, or chemical restraint may be used only when less restrictive interventions have not succeeded in de-escalating a situation in which the child’s and/or other’s safety is at risk;

(4) Except in the case of an emergency, any use of restraint on a child in the school program of a covered facility must be in accordance with the child’s individual education program;

(5) Any use of restraint on a child must be in accordance with safe and appropriate restraining techniques and be administered only by service providers that have both initial and ongoing education and training in the proper and safe use of restraints as established by nationally recognized training programs;

(6) The use of chemical restraints on children and youth must be administered in strict accordance with policies developed by the service provider and is limited to those covered facilities granted specific authority to use chemical restraints by their respective state licensing authorities after review and approval of their policies. All chemical restraints must be ordered, in writing, by a physician and administered in accordance with the standards adopted by the joint commission on accreditation of healthcare organizations (JCAHO);

(7) The condition of the child in a restraint must be continually assessed, monitored, and reevaluated and the restriction of patient child movement or activity by restraint must be ended at the earliest possible time, considering the physical safety of the child being restrained and other individuals in the facility. For the purposes of this section, “monitor” means (i) direct observation, or (ii) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed;

(8) Restraints may not be written as a standing order or on “as needed” (PRN) basis; and

(9) All restraints must be recorded by the individuals administering the restraints and reviewed by supervisory personnel as soon as practicable but no later than forty-eight (48) hours after the restraint was administered.