Use of Restraints on the Juvenile

(a) Restraints such as handcuffs, waist belts, and footcuffs shall not be used on a juvenile during a court proceeding unless they are necessary because the juvenile is otherwise uncontrollable or constitutes a serious and evident danger to self or others, there is reason to believe that the juvenile will try to escape, or there is no less restrictive alternative available to maintain order and safety in the courtroom given available security resources. (b) If a juvenile appears at a court proceeding in restraints, and if there is an objection to the restraints or if the juvenile is appearing without counsel, the judge must make a finding, based on an individualized assessment of the particular juvenile and the available security resources, whether subsequent restraints are necessary. proceedings in the same case, a judge may rely on a finding that was made previously, as long as the circumstances have not materially changed. When ruling on the necessity of restraints, the judge shall consider the following factors: the In (2) detention or placement is necessary to ensure the juvenile’s appearance at subsequent court hearings. (1) any threats that the juvenile has made to cause harm to self or others, or to cause a disturbance; (g) Foster Parent’s Right To Be Heard. If the juvenile’s foster parent is present at the adjudication hearing, the court shall give the foster parent an opportunity to be heard. (SCO 845 effective August 15, 1987; amended by SCO 1265 effective July 15, 1997; by SCO 1294 effective January 15, 1998; by SCO 1349 effective December 1, 1998; by SCO 1361 effective October 15, 1999; by SCO 1723 effective October 15, 2010; by SCO 1773 effective April 16, 2012; and by SCO 1816 effective April 15, 2014) Note: Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings to delinquent minors. relating According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 21(g) by requiring the court to conform the (2) any behavior of the juvenile indicating that the juvenile presents a current threat to the juvenile’s own safety, or to the safety of other people in the courtroom, or to the orderly course of the proceedings; (3) any past escapes or attempts to escape, and the seriousness of the current charge, to the extent it raises a concern that the juvenile has an incentive to attempt to escape; (4) the existence of any less restrictive alternative to maintain order and safety in the courtroom, taking into account available security resources; and (5) the recommendations of security personnel charged with custody of the juvenile. (SCO 1791 effective April 15, 2015) 15