ORS 418.521: Prohibitions on restraint and involuntary seclusion of child in care.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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. (2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited: (a) Chemical restraint. (b) Mechanical restraint. (c) Prone restraint. (d) Supine restraint. (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. (f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or throat. (g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth. (h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing. (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. (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. (k) Any other action, the primary purpose of which is to inflict pain. [2021 c.672 §2; 2023 c.267 §3]
Official history and status
History: Note: See note under 418.519.
Administrative rules citing this section
This rule cites
- ORS 418.523 — resolved
Cited by
- ORS 418.257: Definitions for ORS 418.257 to 418.259.
- ORS 418.523: Permissible use of restraint or involuntary seclusion of child in care.
- ORS 418.526: Program procedures; record keeping; notices following use of restraint or involuntary seclusion; reports; use of video recording equipment; rules.
- OAR 419-210-0170: Abuse Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors418.html