1. (a) Policy. Written policies for security and control of the facility shall include, but shall not be limited to, the following:

   1. (1) procedures to continue operation in the event of a work stoppage or other staff crisis;

   2. (2) procedures governing the use of chemical agents and restraint devices including training of staff in their use and prohibition of the use of percussion or electrical shocking devices by detention staff. Policies allowing the use of chemical agents shall include, but shall not be limited to the following criteria:

      1. (A) the juvenile board shall approve all chemical agents to be used and authorize in writing permission for detention officers to use them in limited situations;
      2. (B) chemical agents shall only be used when less severe methods to gain control of a riotous situation have been exhausted, are ineffective, or are impractical. Chemical agents shall never be used as punishment;
      3. (C) chemical agents may only be used by staff trained in their use;
      4. (D) immediately following the use of a chemical agent, exposed residents shall be examined and treated if necessary by a medical professional;
      5. (E) in all cases, the use of a chemical agent shall be witnessed by a staff member other than the detention officer using the agent; and
      6. (F) any use of a chemical agent is to be reported to the facility administrator immediately after the incident.
   3. (3) Policies governing the use of agency and personal vehicles to transport residents. Proper documentation of liability insurance coverage is required of all personnel who transport residents.
   4. (4) Written procedures for coordination with law enforcement authorities in the case of riot, rebellion, escape, or other situations requiring assistance from city, county, or state law enforcement agencies.

2. (b) Searches. Searches shall be conducted according to written policies limited to certain conditions. These standards shall include:

   1. (1) juveniles shall be required to surrender their clothing and to shower upon admission;
   2. (2) juveniles shall be required to surrender their clothing and submit to a search at times other than admission if necessary for facility security;
   3. (3) juveniles may be required to undergo an anal or genital body cavity search only if there is probable cause to believe that they are concealing contraband; and
   4. (4) a body cavity search may be conducted only by a physician.
3. (c) Special Incidents. All special incidents including, but not limited to, the taking of hostages, escapes, assaults, staff use of restraint devices and physical force shall be reported in writing to the facility administrator. A copy of the report shall be placed in the permanent file of the resident concerned. Written procedure shall designate persons or officials at the local level, as deemed appropriate by the juvenile board, to whom notice of special incidents shall also be provided.

4. (d) Restraints. Mechanical restraints shall only be used for purposes of preventing injury to a person, preventing property damage, or preventing escape. Residents shall not be placed in restraints as punishment or as a substitute for room restriction. Staff shall use only approved equipment for the purpose of mechanical restraint and shall only use such equipment in a manner consistent with its intended use. The following are approved devices:

   1. (1) Handcuffs--Metal devices fastened around the wrist to restrain free movement of the hands and arms;
   2. (2) Wristlets--A cloth or leather band fastened around the wrist or arm which may be secured to a waist belt;
   3. (3) Anklets--Cloth or leather band fastened around the ankle or leg;
   4. (4) Ankle Cuffs--Metal, cloth or leather band fastened around the ankle to restrain free movement of the legs. Handcuffs may not be used to cuff the ankles;
   5. (5) Plastic Cuffs--Plastic devices fastened around the wrist or legs to restrain free movement of hands, arms or legs. Plastic cuffs should only be used in emergency situation; and
   6. (6) Waist Band--A cloth, leather, or metal band fastened around the waist used to secure the arms to the sides or front of the body.

5. (e) Use of Restraints. Restraint devices shall be applied properly and not secured so tightly as to interfere with circulation nor so loosely as to cause chafing of the skin. The following uses are prohibited:

   1. (1) devices shall not be secured to a stationary object except when complete immobilization is required by four-point restraint;
   2. (2) residents shall not be restrained to a fixed object in a standing position; and
   3. (3) residents shall not be restrained to part of a vehicle during transportation.

6. (f) Written Policies. Policies for security and control of the facility shall include, but shall not be limited to, the following:

   1. (1) the control and use of keys. The facility administrator shall determine which doors are to be kept locked except during emergencies;
   2. (2) inspections and maintenance of security devices;
   3. (3) control of the use of tools, medical, and kitchen equipment;
   4. (4) provision for lockboxes to prevent firearms from entering the secure area of the facility;
   5. (5) provision for the secure storage of chemical agents, restraining devices, and related security equipment. This equipment shall be readily accessible to authorized persons.
7. (g) Physical Restraint. Facilities shall adopt a TJPC approved physical restraint technique. Restraint techniques shall be restricted to instances of justifiable self-protection, protection of others, prevention of serious property damage, and prevention of escapes, and movement of residents from point to point, and then only as a last resort. In no event are restraint techniques justifiable as punishment, discipline, compliance and intimidation. The physical restraint shall be fully documented and reported. Restraint shall be terminated as soon as the resident's behavior indicates that threat of imminent self-injury, injury to others, serious property damage, and prevention of escapes, are absent, or as soon as staff have completed movement of residents from point to point.

Source Note:The provisions of this §351.8 adopted to be effective September 30, 2002, 27 TexReg 7985.