RULE 20. USE OF RESTRAINTS IN COURTROOM

Obsolete Date: 10/1/2019

(a) Definition. "Restraint" means an instrument of physical restraint, including handcuffs, chains, irons and straight jackets.

(b) In General. Restraints must be removed prior to a courtroom proceeding unless a party or the detention, transport or juvenile court office staff request a finding by the court that the child poses an immediate and serious risk of dangerous or disruptive behavior or of escape or flight.

(c) Evidence. The party requesting the use of restraints in the courtroom must provide the court and the parties with facts to support a finding requiring use of restraints. The child must be given an opportunity to be heard regarding the use of restraints.

(d) Restraint Factors. Factors that may be considered by the court in reviewing a request for the child to remain in restraints during a courtroom proceeding include:

(1) the child's record;

(2) the child's temperament;

(3) the desperateness of the child's situation;

(4) the security situation at the courtroom and courthouse, including special security needs or escape risks;

(5) the child's physical condition; and

(6) whether there is an alternate means of providing security that would be less prejudicial to the child.

(e) Findings Required. If the court orders the use of restraints, the court must make case-specific findings of fact on the record in support of the order.