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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 341GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS
SUBCHAPTER GRESTRAINTS
RULE §341.706Documentation

(a) Restraints must be fully documented and the documentation must be maintained, except as noted in subsection (b) of this section. Written documentation regarding the use of restraints must include, at a minimum:

  (1) name of the juvenile;

  (2) name and title of each staff member who administered the restraint;

  (3) narrative description of the restraint event from each staff member who participated in the restraint;

  (4) date of the restraint;

  (5) duration of each type of restraint (e.g., personal or mechanical), including notation of the time each type of restraint began and ended;

  (6) location of the restraint;

  (7) events and behavior that prompted the initial restraint and any continued restraint;

  (8) de-escalation efforts and restraint alternatives attempted;

  (9) type of restraint(s) applied, including, as applicable:

    (A) the specific type of personal restraint hold applied; and

    (B) the type of mechanical restraint device(s) applied; and

  (10) any injury that occurred during the restraint.

(b) The following events are not required to be documented as a restraint, except as noted in subsection (c) of this section:

  (1) using mechanical restraints during routine transportation; and

  (2) a juvenile probation officer taking a juvenile into custody under Texas Family Code §52.01 or §52.015.

(c) The exception in subsection (b) of this section does not apply when:

  (1) the juvenile's cooperation is compelled through the use of a personal restraint; or

  (2) the juvenile receives an injury in relation to the restraint event or restraint devices.


Source Note: The provisions of this §341.706 adopted to be effective January 1, 2017, 41 TexReg 5433

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