NCJ Number
132792
Journal
Children's Legal Rights Journal Volume: 12 Issue: 3 Dated: (Summer 1991) Pages: 12-15
Date Published
1991
Length
4 pages
Annotation
The use of 4-point restraints for children who are in imminent danger of harming themselves or others is not necessary to the safe, humane operation of juvenile correctional institutions and is also both constitutionally and professionally unacceptable.
Abstract
A recent California case, Hollingsworth v. Orange County, challenged their use in a county detention center. In this case the attorneys challenged the Orange County Juvenile Hall procedures permitting the use of 10-foot-long strips of cloths to attach children's wrists and ankles to metal-framed beds bolted to the floor. The lawsuit claimed that the restraint procedures violated both the plaintiff's right to due process of law and the State laws requiring delinquent children under court jurisdiction to receive care, treatment, and guidance consistent with their best interest. The court found that both staff and minors were at risk of physical injury in the period just before the restraints were imposed, that the restrained minors were exposed to additional risk of injury, and that restraints could produce damaging psychological consequences. The court declined to completely ban the use of the restraints, but placed significant procedural safeguards upon their use including authorization by a psychiatrist and followup review. 5 notes