SECTION 341.702. Requirements

The use of restraints is governed by the following criteria.

(1) Personal restraints may be used only by juvenile probation officers and community activities officers who are trained and currently certified in the use of the approved personal restraint technique.

(2) Mechanical restraints may be used only by juvenile probation officers and community activities officers who are trained in the use of all approved mechanical restraint devices.

(3) Except during routine transportation or when a juvenile probation officer takes a juvenile into custody under Texas Family Code §52.01 or §52.015, restraints may be used only in instances of threat of imminent or active:

(A) self-injury;

(B) injury to others; or

(C) serious property damage.

(4) Restraints may be used only as a last resort.

(5) Only the amount of force and type of restraint necessary to control the situation may be used.

(6) Restraints must be implemented in such a way as to protect the health and safety of the juvenile and others.

(7) Restraints must be terminated as soon as the juvenile's behavior no longer indicates an imminent threat of self-injury, injury to others, or serious property damage, except during routine transportation or when a juvenile probation officer takes a juvenile into custody.

Source Note: The provisions of this §341.702 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective February 1, 2018, 42 TexReg 5684