(1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.\n(2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited:\n(a) Chemical restraint.\n(b) Mechanical restraint.\n(c) Prone restraint.\n(d) Supine restraint.\n(e) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care’s movement.\n(f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or throat.\n(g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth.\n(h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.\n(i) Any restraint that involves the intentional placement of any object or a hand, child in care’s mouth.\n(h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.\n(i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care’s neck, throat, genitals or other intimate parts.\n(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.\n(k) Any other action, the primary purpose of which is to inflict pain. [2021 c.672 §2; 2023 c.267 §3]\nNote:\nSee note under 418.519.
Oregon Legal Code