(1) A child care agency shall not use mechanical restraint without first becoming licensed by the department to operate a residential treatment center.

(2) A residential treatment center which uses mechanical restraints shall use only those forms of mechanical restraint which are approved by the department.

(a) The agency shall not use or apply any form of mechanical restraint which inflicts physical pain or is likely to cause personal injury.

(3) Each child care agency which uses mechanical restraint shall have written policies governing the use of such restraint. The policy shall describe, at a minimum:

(a) the philosophy for use of mechanical restraint;

(b) the procedure for use of mechanical restraint;

(c) the emergency evacuation procedures for special circumstances occurring while a child is in restraint (i.e. fire, natural disaster) ; and

(d) the method for children to express grievances regarding the use of mechanical restraint.

(4) A child care agency which uses mechanical restraint shall assign a staff member with no other immediate responsibilities to continuously monitor any child placed in restraint.

(a) The staff member shall ensure that the child's physical needs are promptly met.

(b) The staff member must remain in continuous auditory and visual contact with the child.

(5) The administrator of the child care agency which uses mechanical restraint or a person designated by that administrator must authorize each use of mechanical restraint. Each authorization shall be for one-half hour only. No child shall be kept in mechanical restraint for more than 2 hours in any 12-hour period.

(a) Any child who needs to be mechanically restrained for more than 2 hours in any 12-hour period shall be transferred to an acute care psychiatric facility.

(6) Mechanical restraint shall not be used as punishment.