SECTION 341.706. Documentation  


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  • (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