JUVENILE RULE 41.           Child Restraint

(A)      Physical Restraints shall not be utilized on children appearing in court proceedings unless the judge or magistrate before whom the child is appearing makes a determination, on the record, that there is no less restrictive alternative to the use of physical restraint and that the physical restraint of the child is necessary because of either of the following:

(1) The child represents a current and significant threat to the safety of the child’s self or other persons in the courtroom;

(2) There is a significant risk the child will flee the courtroom.

(B)      Any party, as defined in Juv.R. 2(Y), shall be allowed to be heard on the issue of whether the use of physical restraint is necessary for that particular child at that particular proceeding;

(C)      If physical restraint is found necessary, the restraint shall be the least restrictive necessary to meet the risk requiring the restraint and shall be in a manner which does not unnecessarily restrict the movement of the child’s hands.

Effective: July 1, 2016