SECTION 749.2059. What is the appropriate use for a short personal restraint?

Generally, a short personal restraint is used in urgent situations, such as:

(1) To protect the child from external danger that causes imminent significant risk to the child, such as preventing the child from running into the street or coming into contact with a hot stove. The restraint must end immediately after the danger is averted;

(2) To intervene when a child under the age of five (chronological or developmental age) demonstrates disruptive behavior, if other efforts to de-escalate the child's behavior have failed;

(3) When a child over five years old demonstrates behavior disruptive to the environment or milieu, such as disrobing in public, provoking others that creates a safety risk, or to intervene to prevent a child from physically fighting; or

(4) When a child is significantly damaging property, such as breaking car windows or putting holes into walls.

Source Note: The provisions of this §749.2059 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909