§ 1357. Use of Force.  


Latest version.
  • The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of force, which may include chemical agents. Force shall never be applied as punishment, discipline or treatment.
    (a) At a minimum, each facility shall develop policy statements which:
    (1) define the term “force,” and address the escalation and appropriate level of force, while emphasizing the need to avoid the use of force whenever possible and using only that force necessary to ensure the safety of youth, staff and others;
    (2) describe the requirements for staff to report the use of force, and to take affirmative action to stop the inappropriate use of force;
    (3) define the role, notification, and follow-up procedures of medical and mental health staff concerning the use of force; and,
    (4) define the training which shall be provided and required for the use of force, which shall include: known medical conditions that would contraindicate certain types of force; acceptable chemical agents; methods of application; signs or symptoms that should result in immediate referral to medical or mental health staff; requirements of the decontamination of chemical agents, if such agents are utilized; and appropriate response if the current use of force is ineffective.
    (b) Policies and procedures shall be developed which include, but are not limited to, the types, levels and application of force, documentation of the use of force, a grievance procedure, a system for investigation of the use of force and administrative review, and discipline for the improper use of force. Such procedures shall address:
    (1) the specific use of physical, chemical agent, lethal, and non-lethal force that may, or may not, be used in the facility;
    (2) the limitations regarding use of force on pregnant youth in accordance with Penal Code 6030(f) and Welfare and Institutions Code Section 222; and,
    (3) a standardized format, time period, and procedure for reporting the use of force, including the reporting requirements of management and line staff.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (a)(1) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (a)(4) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of subsections (a)(1), (a)(3)-(4) and (b) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
5. Amendment of subsection (b)(1), new subsection (b)(2) and subsection renumbering filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
7. Amendment of first paragraph and subsections (a)(1), (a)(4) and (b)(2) filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).

Note

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 6030(f), Penal Code; and Section 222, Welfare and Institutions Code.