Oregon Revised Statutes

Or. Rev. Stat. § 418.521 (2026)

Prohibitions on restraint and involuntary seclusion of child in care

✓ current as of May 2026
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      418.521 Prohibitions on restraint and involuntary seclusion of child in care. (1) A child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation or for the convenience of staff, contractors or volunteers of the child-caring agency, proctor foster home, certified foster home or developmental disabilities residential facility.

      (2) Except as provided in ORS 418.523 (4), the use of the following types of restraint of a child in care are prohibited:

      (a) Chemical restraint.

      (b) Mechanical restraint.

      (c) Prone restraint.

      (d) Supine restraint.

      (e) Any restraint that includes the intentional and nonincidental use of a solid object, including the ground, a wall or the floor, to impede a child in care’s movement.

      (f) Any restraint that places, or creates a risk of placing, pressure on a child in care’s neck or throat.

      (g) Any restraint that places, or creates a risk of placing, pressure on a child in care’s mouth.

      (h) Any restraint that impedes, or creates a risk of impeding, a child in care’s breathing.

      (i) Any restraint that involves the intentional placement of any object or a hand, knee, foot or elbow on a child in care’s neck, throat, genitals or other intimate parts.

      (j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a child in care’s stomach, chest, joints, throat or back by a knee, foot or elbow.

      (k) Any other action, the primary purpose of which is to inflict pain. [2021 c.672 §2; 2023 c.267 §3]

 

      Note: See note under 418.519.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Wilson-Hoesch v. Dept. of Human Servs., 331 Or. App. 658 (Or. Ct. App. 2024).
Wilson-Hoesch v. Dept. of Human Servs., 331 Or. App. 658 (Or. Ct. App. 2024). “ORS 418.521(1) provides that a “certified foster home * * * may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation * * *.”
— Or. Rev. Stat. § 418.521(1) — 1 case
Wilson-Hoesch v. Dept. of Human Servs., 331 Or. App. 658 (Or. Ct. App. 2024). “ORS 418.521(1) provides that a “certified foster home * * * may not place a child in care in a restraint or involuntary seclusion as a form of discipline, punishment or retaliation * * *.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.