Gavin Howe
Physical restraint of children is a highly controversial topic, with many countries and states having laws and policies that prohibit the use of physical punishment in schools, childcare settings, and foster homes. While restraint is sometimes necessary to prevent a child from harming themselves or others, it is often misused and can lead to physical and psychological harm. In the US, there have been numerous cases of children being restrained for extended periods, left with injuries, and even dying as a result of improper restraint techniques. While federal laws restrict the use of restraint in medical institutions, there are no such laws for public schools, where prone restraints that restrict breathing are still commonly used. As a result, there have been increasing calls for legislation to restrict the use of restraint in schools and mandate the use of alternative calming methods.
| Characteristics | Values |
|---|---|
| Reasons for restraining children | To prevent a child from injuring themselves or others, to prevent damage to property, to prevent a child from running away, to enforce compliance, to inflict pain or harm, as punishment or discipline, to prevent a child from leaving a classroom, to prevent a child from disrupting a school event or trip, to prevent a child from attacking a staff member or another pupil, to protect a child who is at risk of harming themselves |
| Feelings of restrained children | Upset, angry, scared, protected, safe |
| Feelings of staff restraining children | Calm |
| Injuries to restrained children | Cuts on hands, scratches on necks and noses, sore collarbones, knots on heads, split lips, sore ankles and wrists, difficulty breathing, rug burns, broken bones, head injuries, bloody noses, psychological damage |
| Injuries to staff restraining children | Bites, hits, kicks |
| Restraint training for staff | Therapeutic Crisis Intervention, Menta Method, CPI instruction |
| Restraint alternatives | Giving children space, demonstrating calm and support, calming children down, removing children from classrooms, giving children time-outs, using positive behavior support |
| Restraint laws | Restraints are banned in some states and territories in Canada, restraints are banned in Illinois schools except for safety reasons, restraints are banned in Montgomery County Public Schools in Virginia |
What You'll Learn
The physical and psychological dangers of restraining children
Restraining a child can be dangerous for both the child and the adult. It can affect a child's feelings and control over their body, and it can also be very frustrating for them. Children who have been restrained often report feeling upset, angry, and scared. Restraining a child can also escalate their aggression, as they perceive the anxiety of their caregivers and authority figures, leading to more aggressive behaviour.
Physical dangers
Restraining a child can lead to physical injury for both the child and the adult. The act of restraining a child often involves physical force, which can result in injuries such as bruising or marks. Additionally, if the restraint is not properly applied, it can restrict the child's movement, breathing, or blood circulation, leading to serious health risks. In some cases, improper restraint can even result in death.
Psychological dangers
The psychological dangers of restraining a child are equally concerning. Restraint can cause children to feel a loss of control and a sense of powerlessness, which can be traumatic and have long-lasting effects on their mental health. It can also affect their sense of trust and safety with adults and authority figures. Additionally, if restraint is used as a punishment or in a humiliating way, it can lead to feelings of shame, embarrassment, and low self-worth.
Legal considerations
The use of restraint on children is a serious matter and is subject to legal regulations. In many places, restraint is only allowed in specific situations, such as when a child is at risk of harming themselves or others. Even then, it is considered a last resort, and the amount of force used must be proportional to the situation. If restraint is used inappropriately or excessively, it may be considered a breach of human rights and a criminal offence.
In conclusion, restraining children can pose significant physical and psychological dangers. It is important for caregivers and authority figures to be aware of these risks and to explore alternative methods for managing difficult behaviours. The decision to restrain a child should be made only after careful consideration of the potential risks and in accordance with legal guidelines.
Marijuana Laws: Impact on Government Employees' Performance and Conduct
You may want to see also
The legality of restraining children under federal law
The use of restraints on children is a highly sensitive issue, and laws regarding this vary across different countries and states. In the United States, the use of restraints as a form of discipline in schools is becoming more prevalent, and there have been several cases of children with disabilities being improperly restrained in class. While there is no federal policy on this issue, the US Department of Education has issued guidance to assist school districts in meeting their obligations to students with disabilities. Additionally, the Individuals with Disabilities Education Act (IDEA) provides safeguards for children whose "behaviour" gets in the way of their education or that of others.
In the UK, restraint is defined as when a child or young person is physically held by one or more members of staff, or their movement is restricted. The Human Rights Act 1998 and the United Nations Convention on the Rights of the Child protect children from violent treatment and ensure that restraint is only used as a last resort to protect the child or others from harm. The Mental Health Act Code of Practice provides further guidelines for the use of restraint in hospitals and other health settings, emphasising that it should only be used when necessary to prevent harm.
In Canada, the Criminal Code, a federal law, protects all children from violence and specifically addresses offences against children, such as child abandonment and sexual offences. While assault is generally illegal, caregivers and teachers may use reasonable force to control a child's behaviour in certain situations, such as preventing them from running into the street. However, physical punishment, such as spanking, is generally discouraged, and each province and territory has laws prohibiting its use in schools and childcare settings.
When Bills Become Laws Without Presidential Sign-Off
You may want to see also
The use of restraint as punishment
In some countries like Canada, all children are protected from violence under the Criminal Code, which includes specific offences that protect children. This means that any form of assault or forcible confinement, including restraint, is illegal. However, there are exceptions where a parent, caregiver, or teacher may have to physically control a child to ensure their safety or the safety of others. In these cases, the use of reasonable force is permitted under Section 43 of the Criminal Code.
In the United States, the use of restraint in schools is not restricted by federal law. This has led to widespread use, with schools reporting over 267,000 instances of restraint and seclusion in a single school year. The majority of these cases involved children with physical, emotional, or intellectual disabilities. While some argue that restraint is necessary to maintain safety, critics claim that it can cause psychological and physical harm, with little to no therapeutic benefit.
In the United Kingdom, physical restraint is considered a last resort and should only be used when other options have been exhausted. The Mental Health Act Code of Practice emphasizes that restraint should be used very carefully to protect the freedom, privacy, and dignity of children. Additionally, the United Nations Convention on the Rights of the Child protects children from violent treatment, including restraint used as punishment.
Overall, the use of restraint as punishment for children is a complex issue that varies across different countries and legal systems. While some argue that it is necessary for safety, others believe that it violates human rights and can cause psychological and physical harm. As a result, there are ongoing efforts to restrict and regulate the use of restraint in schools and other settings.
When Does the Governor's Signature Enact Law?
You may want to see also
The training of staff on restraining children
The use of physical force on anyone is a very serious matter, and restraint should only be used as a last resort when there is a risk to the child's or others' safety. Staff should be trained to calm difficult situations and avoid the need for restraint. However, in certain situations, restraint may be necessary to protect the child or others from harm. It is important that staff are properly trained in safe restraint techniques to avoid causing injury or trauma to the child.
Training Programs
There are various training programs available for staff who may need to use physical restraint on children, such as the Crisis Prevention Institute (CPI) and Therapeutic Crisis Intervention (TCI) programs. These programs teach staff about verbal de-escalation techniques and how to safely break free if a child grabs their hair or bites them. They also provide instruction on different types of restraint, including standing, seated, and supine (face-up) restraints, as well as prone (face-down) restraints. Staff are taught to restrict a child's arms and secure them in a safe position, using their own bodies to hold the child still. In supine and prone restraints, staff members will typically perform a "takedown" before securing the child's arms and legs. It is important to avoid putting pressure on the child's joints, back, neck, ribs, or stomach, as this can restrict breathing and cause injury.
Legal Requirements
The use of restraint is governed by various laws and regulations, including the Human Rights Act, the United Nations Convention on the Rights of the Child, and, in Canada, the Criminal Code and the Canadian Charter of Rights and Freedoms. These laws protect children from violent treatment and set out the circumstances in which restraint can be legally used. For example, in Canada, teachers are not permitted to use force for physical punishment, but they may use reasonable force in certain circumstances, such as removing a child from a classroom. Similarly, in the US, the Individuals with Disabilities Education Act (IDEA) requires that schools consider the use of positive behavioral interventions and supports when a child's behavior impairs their learning or that of others.
Behavioral Care Plans
When dealing with children who have special behavioral or mental health issues and may require frequent restraint, it is important to develop a behavioral care plan with input from healthcare professionals, parents or guardians, and school staff. This plan should include documentation of other behavioral strategies tried before resorting to restraint and a precise definition of when restraint is appropriate. The plan should also specify that restraint techniques do not violate the state's mental health code and that they are carried out by designated and trained staff only.
Documentation and Review
After a restraining incident, it is important to document the event with parent or guardian notification to conform with mental health codes. This documentation should include the child's name, their behavior leading to the restraint, the date, time, and location of the restraint, a description of the restraint and how long it lasted, and any injuries sustained. Within a certain timeframe (e.g., 5 days), a debrief should be conducted with the child to discuss their feelings and add their perspective to the record. This helps to ensure that restraint is used appropriately and only when necessary, and it provides an opportunity for staff to learn and improve their practices.
History of Medicare and Payroll Deductions: Legal Implementation
You may want to see also
The rights of children who have been restrained
Restraint and the use of force are very serious matters that can affect a child's feelings and control over their body. Restraint is when a child is physically held by one or more staff members or their movement is restricted. It is only allowed in certain situations, such as when there is a risk of injury to the child or others, or to prevent serious damage to property. Staff should be trained to avoid situations where restraint is necessary and should be good at calming down difficult situations.
Children who have been restrained often report feeling upset, angry, and scared. However, some children feel protected and safe when held by staff. Each child has their own feelings, needs, and views, and their rights must be respected.
In most places, restraint is considered a last resort, and it must be a fair and acceptable response to the situation. The amount and type of force used must be appropriate and proportional. Restraint must never be used as punishment and should be stopped as soon as possible, especially if the child is struggling to breathe.
Children who have been restrained should be given the opportunity to talk about their feelings afterward. This helps staff learn from the incident and avoid the use of restraint in the future.
In terms of legal rights, restraint that is used for the wrong reasons or in the wrong way could be a crime and a breach of human rights. The United Nations Convention on the Rights of the Child protects children from violent treatment. Additionally, the law in some places, such as Canada, prohibits the use of physical punishment in schools and childcare settings.
In New Hampshire, for example, restraint and seclusion are limited by law in schools and certain facilities to protect children from physical and emotional harm. Restraint and seclusion can only be used by trained personnel when necessary to prevent injury and in emergency situations. There are strict guidelines on when and how they can be used, and mechanical or medicinal restraints are prohibited. Parents or guardians must be notified, and a written report must be provided.
Constitutional Carry: Georgia's Law and Order Future?
You may want to see also
Frequently asked questions
Restraint is when a child or young person is physically held by one or more members of staff. It can also be restricting a child's movement, such as stopping them from getting in and out of rooms.
Restraint is only acceptable when a child is a danger to themselves or others. It should be used as a last resort and in an emergency.
Staff should be trained to calm down difficult situations and avoid the need for restraint. Positive Behavioral Interventions and Supports (PBIS) is a program that helps identify triggers for dangerous behaviour and develop plans to prevent such behaviour.
Restraining a child can be dangerous and cause physical and psychological harm. Children have gotten head injuries, bloody noses, broken bones, and even died while being restrained.
The laws around restraining children vary by country and state. In some places, such as Canada, it is a crime to assault or threaten to assault someone, including a child. However, there are defences that may apply to parents, caregivers, or teachers who use reasonable force to keep a child or others safe. In the US, the Individuals with Disabilities Education Act (IDEA) requires that a child's behaviour be considered in their Individualized Education Planning (IEP) if it interferes with their education or the education of others.
