Authority: IC 31-27-2-4

Affected: IC 31-27-4

Sec. 17. (a) Foster parents shall not use mechanical or chemical restraints on the child.

(b) Foster parents may not use physical restraint on a child unless:

1. (1) it is specifically authorized by the department in advance in writing;
2. (2) the foster parent has been appropriately trained and certified by a department approved body in the prevention and use of physical restraint;
3. (3) it is an emergency situation and the child is a clear and present danger to himself or herself or others; and
4. (4) less restrictive interventions have been determined to be ineffective.

(c) A person uninvolved in the restraint and trained in emergency interventions shall continuously maintain direct observation of the child during the restraint.

(d) In approving a foster parent to use physical restraint on a child, the department must document the following:

1. (1) The type of physical restraint approved.
2. (2) The criteria and time limitations for use.
3. (3) The persons authorized to use the restraint on the child.
4. (4) The date and type of training received.

(e) The foster parent must immediately report to the department each use of physical restraint. The foster parent also must maintain a record of each incident of physical restraint and make available such records to the department. The record must include the following information:

1. (1) The date and time of the incident.
2. (2) The name of the child.
3. (3) The form of restraint used.
4. (4) The length of time in restraint.
5. (5) The name and title of the person applying the restraint.
6. (6) The name of the uninvolved person responsible for observing the child while in restraints.
7. (7) A description of the child's behavior prior to, during, and after use of restraints.

(Department of Child Services; 465 IAC 2-1.5-17; filed Apr 18, 2011, 11:31 a.m.: 20110518-IR-465100349FRA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA; readopted filed Oct 10, 2019, 10:42 a.m.: 20191106-IR-465190320RFA; readopted filed Oct 15, 2025, 10:46 a.m.: 20251112-IR-465250623RFA)