| Alaska |
Delinq. R. 21.5 |
"(a) Restraints such as handcuffs, waist bets, 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 the restraints are necessary. In subsequent proceedings in the same case, a judge may rely on a finding that was made previously, as long as the circumstances have no materially changed. |
| Arizona |
17B Juv. Ct. Rules of Proc. 208 |
"(f) Mechanical restraints include hancuffs, leg irons, belly chains, zip ties, spit hoods and masks, and any other device used to restrain movement of the arms, legs, or torso. (1) When a juvenile appears before a judicial officer at a hearing in the juvenile's delinquency case, the juvenile must be free of mechanical restraints, unless there are no less restrictive alternatives that will prevent flight or physical harm. A juvenile appearing before a judicial officer may object to the use of restraints." |
| Arkansas |
| California |
Welf. & Inst. Code § 210.6(b) |
"Mechanical restraints, including, but not limited to, handcuffs, chains, irons, straitjackets or cloth or leather restraints, or other similar items, may be used on a juvenile detained in or committed to a local secure juvenile facility . . . During transportation outside of the facility only upon a determination made by the probation department, in consultation with the transporting agency, that the mechanical restraints are necessary to prevent physical harm to the juvenile or another person or due to a substantial flight risk . . . (b)(1) Mechanical restraints may only be used during a juvenile court proceeding if the court determines that the individual juvenile's behavior in custody or in court establishes a manifest need to use mechanical restraints to prevent physical harm to the juvenile or another person or due to a substantial risk of flight. (2) The burden to establish the need for mechanical restraints . . . is on the prosecution. (3) If the court determines that the mechanical restraints are necessary, the least restrictive form of restraint shall be used and reasons for the use of mechanical restraint shall be documented in the record." |
| Colorado |
| Connecticut |
§ 46b-122a |
"There shall be a presumption in juvenile proceedings that all mechanical restraints shall be removed froma preadjudicated detained juvenile prior to and throughout the detainee's appearance in court. In juvenile proceedings, in-court use of mechanical restraints on preadjudicated detainees shall be by order of the court and pursuant to Judicial Branch written policy. The Judicial Branch shall keep statistics on the use of mechanical restraints on juveniles during proceedings and . . . shall provide such statistics to any member of the public upon request, provided any identifying information concerning a juvenile is redacted." |
| Delaware |
§ 1007B |
"(a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar iterms, may not be used ona child during a court prceedign and must be removed either prior to or after the child has entered the courtroom for an appearance before the Court unless the Court find both of the following conditions are met: (1) the use of restraints is necessary due to 1 of the following factors: (a) the juvenile is presently uncontrollable and constitutes a serious and evident danger to himself or herself or others; (b) there are safety risks for the youth or staff in the courtroom, including but not limited to the presence of known gang associates, or other individuals including relatives, who could pose a risk to the youth and staff; (c) the juvenile has a history of noncompliance with law enforcement, court security, and DYRS staff, including evidence of prior attempts to escape custody, disruptive behavior at a detention facility, and other relevant factors. (2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law-enforcement officers, or bailiffs. (b) In making a determination that restraints are necessary, the Court may receive and consider such information and evidence it believes relevant to the findings required by subsection (a) . . . The Court shall provide the child or child's attorney an opportunity to be heard as part of any hearing to determine whether the use of restraints is necessary. If restraints are ordered, the Court shall make written findings of fact in support of the order. (c) Any use of restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing." |
| District of Columbia |
Administrative Order 15-07 (2015) |
“ORDERED, that the Family Court will make an individualized determination on the use of restraints at initial hearings for cases . . . . ORDERED, that respondents will remain in restraints when they enter the courtroom before the Family Court makes an individualized determination on the use of restraints . . . . ORDERED, that the Family Court will provide respondents with an opportunity to contest the use of restraints when making an individualized determination. It is further, ORDERED, that counsel may waive the appearance of a respondent who does not wish to enter the courtroom in restraints until after an individualized determination has been made . . . . ORDERD, that the Family Court will make an independent and individualized determination on the use of restraints. It is further, ORDERED, that the Family Court will order the removal of restraints, unless the Family Court finds that there is reason to believe that the use of restraints is necessary for the safety of the respondent or others, or to prevent flight.” |
| Florida |
R. Juv. P. 8.100(b) |
"Instruments of restraint, such as handcuffs, chains, irons, straitjackets, cloth and leather restraints, or other similar items, shall not be used on a child during a court proceeding except when ordered by the court prior to the child's appearance in the courtroom in accordance with this rule. Instruments of restraint must be removed prior to the child's appearance unless after an individualized assessment of the child the court finds: (1) the use of restraints is necessary due to one of the following: (A) to prevent physical harm to the child or another person; (B) the child's history of disruptive courtroom behavior that has placed others in potentially harmful situations or that presents a substantial risk of inflicting physical harm or himself or herself or others as evidenced by recent behavior; or (C) a founded belief that the child presents a substantial risk of flight from the courtroom; and (2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs. (3) In making a determination that the use of instruments of restraint is necessary . . . the court shall consider: (A) any past escapes or attempted escapes by the child; (B) evidence of a present plan of escape by the child; (C) a credible threat by the child to harm himself or herself or another person during court; (D) evidence of self-injurious behaviro on part of the child; and (E) any other factor that is relevant in determining whether the use of instruments of restraint are necessary . . . (4) The court shall provide the child's attorney an opportunity to be heard before the court orders the use of restraints . . . (5) If restraints are orderd, the court shall make specific and individualized findings of fact in support of the order and the least restrictive restraints shall be used. Any restraints shall allow the child limited movement of his or her hands to read and handle documents and writings necessary to the hearing. (6) Under no circumstances should a child be restrainted using fixed restraints to a wall, floor, or furniture." |
| Georgia |
R. Unif. Juv. Ct. R. 20 |
"Consistent with applicable law, a juvenile may not be physically restrained during a court proceeding unless such restraint is authorized by court order or local protocol of the court. Every juvenile court shall establish a written protocol that addresses the circumstances under which a juvenile may be physically restrained while appearing in court, which considers the welfare and due process rights of the juvenile, the integrity of the judicial proceeding, and the safety of the court and public." |
| Guam |
| Hawaii |
| Idaho |
State v. Doe, 333 P.3d 858 (Idaho Ct. App. 2014) |
"This means that, as we outlined in Wright, the use of restraints in a juvenile evidentiary hearing constitutes error unless the trial court makes a finding that the restraints are necessary in the case of a specific juvenile for physical security, to prevent escape, or to maintain courtroom decorum . . . . We take care to note that our decision does not extend to the length argued by Doe—that due process prohibits routine shackling of juveniles in any juvenile proceeding, including the preliminary hearing at issue in this case." |
| Illinois |
S. Ct. R. 943 |
"Instruments of restraint shall not be used ona minor during a court proceeding unless the court finds, after a hearing, that the use of restraints is necessary for one or more of the following reasons: (1) instruments of restraint are necessary to prevent physical harm to the minor or another person; or (2) the minor has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (3) there is a well-founded belief that the minor presents a substantial risk of flight from the courtroom; and there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the minor or another person, including, but not limited to the presence of court personnel, law enforcement officers, or bailiffs. (b) The court must provide the minor's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the cour shall enter an order setting forther its findings of fact. (c) Any restraints authorized under this rule must be the least restrictive restraints necessary and must allow the minor limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances, should a minor be restrained to another minor, wall, the floor, or furniture while in the courtroom." |
| Indiana |
§ 31-30.5-2-1 |
"Except as provided in subsection (b), a juvenile shall not be restrained in court unless the court has determined on the record, after considering the recommendation of the sheriff or transport officer, that the juvenile is dangerous or potentially dangerous. (b) A court may order a juvenile restrained without considering the recommendation of the sheriff or transport officer if the juvenile has caused a physical disruption while in open court." |
| Iowa |
R. Juv. Proc. 8.41 |
"(1) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, will not be used on a child during a court proceeding unless the juvenile court upon the recommendation of the juvenile court officer or the county attorney makes a finding on the record that restraints are necessary due to any of the following: (a) recent behavior of the child has placed others at risk of substantial physical harm; (b) sufficient grounds ot belief the child is a substantial flight risk; (c) sufficient grounds to show restraints are necessary to prevent physical harm to the child or another person during the court proceeding; (d) there are no less restrictive alternatives to restraints, including the presence of a security officer. The juvenile court officer is not considered a security officer. (2) If the juvenile court officer or the county attorney recommends that restraints are necessary, the juvenile court officer . . . must provide notice to the court and the child's attorney outlining the circumstances supporting that recommendation prior to the child's appearance in each court proceeding or as soon as practicable. If notice is not given in writing, a record must be made at the court proceeding . . . . (5) Any restaint must allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances should a child be restrained using fixed restraints to a wall, floor, or furniture. (6) Any restraint of children in the courtroom must balance legitimate security needs against the care, protection, and positive mental and physical development of the child whil preserving the dignity and decorum of the courtroom and security of the court proceeding and personnel." |
| Kansas |
| Kentucky |
Juv. Ct. R. 20 |
"There shall be a presumption that no child shall be restrained upon entry into the courtroom. This presumption may be rebutted with good cause shown." |
| Louisiana |
Ch. C. Art. 408(B) |
"(1) Restraints shall not be used upon a child during any juvenile court proceeding except in a delinquency proceeding as specifically provided in this Paragraph. (2) A court may permit a child to be restrained in the courtroom only upon the court's individualized determination that the use of restraints is necessary because the child presents a particularized risk of physical harm to himself or another or presents a particularized substantial risk of flight from the courtroom, and that there are no less restrictive alternative measures to prevent flight or physical harm. The fact that the child is detained is insufficient to warrant a finding that the use of restraints is necessary. (3) If it is alleged that the use of restraints upon a child is necessary, the district attorney or law enforcement shall inform the judge and the attorney for the child prior to the proceeding. The attorney for the child shall be given an opportuinty to be heard and object on the record the reasons therefor. (4) In accordance with paragraph A of this Article, a court may authorize the use of restraints when the conduct of the child during a hearing presents an imminent threat, risk of flight, or physical harm. (5) This Paragraph does not apply when the child is in a detention center, when the child is in transport from a detention center to the courthouse, or when the child is held in the courthouse outside of the room where the juvenile delinquency proceeding will occur." |
| Maine |
U. Crim. P. R. 43A |
"(a) Physical restraints shall not be used on a juvenile in a courtroom except when ordered by the court prior to or during the juvenile's appearance in the courtroom in accordance with this Rule. (b) If the transporting agency . . . Or the State requests that physical restraints be used on a juvenile in the courtroom, the court shall be notified of that request. Upon such request, the court shall ensure that the juvenile, the juvenile's attorney, and the State are informed of the request. Additionally, prior to or during a proceeding, with similar disclosure to the parties present . . . the court on its own motion may make a preliminary determination that one or more of the grounds for use of physical restraints listed in subsection (c) exists. If the juvenile or attorney for the juvenile objects, the court shall, whenever practical, provide the juvenile or the juvenile's attorney with an opportunity to state the basis of the objection before the court renders a decision on the use of restraints. The court may order the use of physical restraints on a juvenile in the courtroom only if, based on an individualized assessment of the particular individual and the available security resources, it determines that: (1) one or more of the grounds for use of physical restraints set out in subsection (c) exists; and (2) that there are no less restrictive alternatives reasonably available to maintain order and safety in the courtroom, or to prevent the risk of flight. (c) The following are grounds for the use of physical restraints in the courtroom: (1) the present behavior of the juvenile creates a current and substantial threat to the juvenile's safety or to the safety of others in the courtroom, or that it creates a substantial risk of flight; or (2) the juvenile's past behavior, including but not limited to behavior and conduct in a courtroom, creates a current and substantial risk that the juvenile wil threaten the juvenile's safety or the sfaety of others in the courtroom, or that creates a substantial risk of flight. (d) If the use of physical restraints is ordered over the objection of the juvenile, the court shall make findings of fact on the record in support of the order." |
| Maryland |
In re D.M., 228 Md. App. 451, 469 (Md. Ct. Spec. App. 2016) |
“To effect uniformity and to eliminate disparities in practice from courtroom to courtroom, we hold that juveniles should not be shackled while appearing at juvenile court hearings, unless and until there has been a finding on the record that the juvenile poses a security concern or threat that would disrupt those particular proceedings or involve danger to the juvenile or others.” |
| Massachusetts |
Ch. 119 § 86(b) |
"A juvenile shall not be placed in restraints during court proceedings and any restraints shall be removed prior to the appearance of a juvenile before the court at any stage of a proceeding unless the justice presiding in the courtroom issues an order and makes specific findings on the record that: (i) restraints are necessary because there is reason to believe that a juvenile presents an immediate and credile risk of escape that cannot be curtailed by other means; (ii) a juvenile poses a threat to the juvenile's own safety or to the safety of others; or (iii) restraints are reasonably necessary to maintain order in the courtroom . . . . The authority to use restraints shall reside solely within the discretion of the presiding justice at the time that a juvenile appears before the court. A juvenile court justice shall not impose a blanket policy to maintain restraints on all juvenile or a specific category of juveniles who appear before the court." |
| Michigan |
R. Spec. P. MCR 3.906 |
"(A) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, may not be used on a juvenile during a court proceeding unless the court finds that the use of restraints is necessary due to one of the following factors: (1) Instruments of restraint are necessary to prevent physical harm to the juvenile or another person. (2) The juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior. (3) There is a founded belief that the juvenile presents a substantial risk of flight from the courtroom. (B) The court's determination that restraints are necessary must be made prior to the juvenile being brought into the courtroom and appearing before the court. The court shall be heard before the court orders the use of restraints. If restraints are ordered, the court shall state on the record or in writing its findings of fact in support of the order. (C) Any restrains used on a juvenile in the courtroom shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances should a juvenile be restrained using fixed restraints to a wall, floor, or furniture." |
| Minnesota |
§ 260B.008(b) |
"Restraints may not be used on a child appearing in court in a proceeding under this chapter unless the court finds that: (1) the use of restraints is necessary: (i) to prevent physical harm to the child or another; or (ii) to prevent the child from fleeing in situations in which the child presents a substantial risk of flight from the courtroom; and (2) there are no less restrictive alternative to restraints that will prevent flight or physical harm to the child or another, including but not limited to the presence of court personnel, law enforcement officers, or bailiffs. The finding in clause (1), item (i), may be based, among other things, on the child having a history of disruptive courtroom behavior or behavior while in custody for any current or prior offense that has placed other in potentially harmful situations, or presenting a substantial risk of inflicting physical harm on the child or others as evidenced by past behavior. The court may take into account the physical structure of the courthouse in assessing the applicability of the above factors to the individual child. (c) The court shall be provided the child's behavior history and shall provide the child an opportunity to be heard in person or through counsel before ordering the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order." |
| Mississippi |
| Missouri |
| Montana |
H.B. 742 (2023) |
"(1)(a) A youth under 10 years of age may not be restained in a proceeding in youth court under any circumstances. (b)(i) Except as provided in subsections (2) and (3), restraints may not be used on a youth 10 years of age or older during a proceeding in youth court and must be removed prior to the youth's appearance before the court. (ii) A youth 10 years of age or older may not be restrained to a wall, the floor, another youth, or to furniture during a court proceeding. (2)(a) The court may authorize the use of restraints on a youth 10 years of age or older during a court proceeding if the corut holds a hearing and makes a finding by clear and convincing evidence that the use of restraints is the least restrictive means available and is necessary: (i) to prevent physical harm to the youth or another person in the courtroom; or (ii) because of a well-founded belief that the youth is a substnatial flight risk . . . (C) the court shall allow the youth's attorney and the officer of the court . . . recommending the use of restraints to be heard before the court makes a ruling on the use of restraints. (3)(a) If the court orders the use of restraints on a youth 10 years of age or older, the court shall make written findings of fact in support of the order, including specific findings supporting the choice of restraints ordered by the court pursuant to subsection (3)(b). (b) Restraints ordered by the court for use on a youth must properly account for the care, protection, and positive mental and physical development of youth and must permit the youth to handle documents in a manner that allows the youth to fully engage in court proceedings." |
| Nebraska |
§ 43-251.03 |
"Restraints shall not be used on a juvenile during a juvenile court proceeding and shall be removed prior to the juvenile's appearance before the juvenile court, unless the juvenile court makes a finding of probable cause that: (a) The use of restraints is ncessary: (i) to prevent physical harm to the juvenile or another person; (ii) because the juvenile: (A) has a history of disruptive courtroom behavior that has placed others in potentially harmful situations; or (B) presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) because the juvenile presents a substantial risk of flight from the courtroom; and (b) there is no less restrictive alternative to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs. (2) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order." |
| Nevada |
§ 62D.415 |
"1. An instrument of restraint may be used on a child during a court proceeding only if the restraint is necessary to prevent the child from: (a) inflicting harm on himself or herself or another person; or (b) escaping from the courtroom. 2. Whenever practical, the judge shall provide the: (a) Child and his or her attorney an opportunity to be heard regarding the use of an instrument of restraint before the judge orders the use of an instrument of restraint. (b) Prosecuting attorney an opportunity to be heard regarding whether the use of an instrument of restraint is necessary pursuant to subsection 1. 3. In making a determination pursuant to subsection 2 as to whether an instrument of restraint is necessary pursuant to subsection 1, the court shall consider the following factors: (a) any previous escape or attempted escapes by the child. (b) Evidence of a present plan of escape by the child. (c) A credible threat by the child to harm himself or herself or another person. (d) A history of self-destructive tendencies by the child. (e) Any credible threat of an attempt to escape by a person not in custody. (f) Whether the child is subject to a proceeding: (1) that is not in the jurisdiction of the juvenile court . . .; or (2) for transfer or certification for criminal proceedings as an adult . . . . (g) Any other factor that is relevant in determining whether the use of an instrument of restraint on the child is necessary . . . 4. The determination of the judge pursuant to subsection 2 must contain specific findings of fact and conclusions of law supporting the determination. 5. If an instrument of restraint is used on a child, the restraint must allow the child limited movement of his or her hands to hold any document or writing necessary to participate in the proceeding." |
| New Hampshire |
126-U:13 |
"At any hearing . . . The judge may subject a child to mechanical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the child's escape, or provide for the safety of the courtroom. Whenever practical, the judge shall provide the child and the child's attorney an opportunity to be heard to contest the use of mechanical restraint before the judge orders its use. If mechanical restraint is ordered, the judge shall make written findings of fact in support of the order." |
| New Jersey |
R Ch. Div. Fam. Pt. R. 5:18-4 |
"(a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, shall not be used on a juvenile during a court proceeding and must be removed prior to the juvenile's entry into the courtroom. Instruments of restraint may be used if, on application to or by the court, the court finds that: (1) the use of restraints is necessary due to one of the following factors: (A) Instruments of restraint are necessary to prevent physical harm to the juvenile or another person; or (B) the juvenile presents a substantial risk of flight from the courtroom; and (2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs. (b) In making the determination that instruments of restraint are necessary, the factors that can be considered are: (1) any past escapes or attempted escapes by the juvenile; (2) evidence of a present plan of escape involving the juvenile; (3) any credile threats by the juvenile to harm him or herself or others during court; (4) evidence of self-injurious behavior on the part of the juvenile; (5) any recent history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on the juvenile or others; (6) any other factors the court deems relevant to assess present risk in the court proceeding. (c) The court shall provide the juvenile's attorney and the prosecutor an opprotunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact on the record in support of the order. (d) If restraints are deemed necessary, the least restrictive restraints shall be used. Any restraints shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances should a juvenile be restrained to a stationary object or another person." |
| New Mexico |
Child Ct. R. 10-223A |
“B. Children shall not be brought before the court wearing any physical restraint devices except as ordered by the court during or prior to the hearing, based on particularized security needs relating to the facility, available security personnel and other resources, individualized determinations in a particular case, or other reasonable grounds supporting a need for physical restraints. In proceedings before a jury, every reasonable effort must be made to avoid the jury’s observation of the child in physical restraints. C. Before or after any child is ordered restrained, the court shall permit any party to be heard on the issue of whether reasonable grounds exist for use of physical restraints in a particular situation or as to a particular child." |
| New York |
Fam. Ct. § 162-a |
"(a) Except as otherwise provided . . . Restraints on children under the age of tewnty-one, including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, are prohibited in the courtroom. (b) Permisible physical restraint consisting of handcuffs or footcuffs that shall not be joined to each other may be used in the courtroom during a proceeding before the court only if the court determines on the record, after providing the child with an opportunity to be heard, why such restraint is the least restrictive alternative necessary to prevent: (1) physical injury to the child or another person by the child; (2) physically disruptive courtroom behavior by the child, as evidenced by a recent history of behavior that presented a substantial risk of physical harm to the child or another person, where such behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child; or 3) flight from the courtroom by the child, as evidenced by a recent history of absconding from the court." |
| North Carolina |
§ 7B-2402.1 |
"At any hearing authorized or required by this Subchapter, the judge may subject a juvenile to physical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the juvenile's escape, or provie for the safety of the courtroom. Whenever practical, the judge shall provide the juvenile and the juvenile's attorney an opportunity to be heard to contest the use of restraints before the judge orders the use of restraints. If restraints are ordered, the judge shall make findings of fact in support of the order." |
| North Dakota |
R. Juv. P. 10.1 |
"(b) 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) 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) 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 temperment; (3) the deperatness of the child's situation; (4) the security situation at the courtroom and courthouse, including special secuirty 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) 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." |
| Ohio |
Sup. R. 5.01 |
"Each court or division of a court shall adopt a local rule governing the use of physical restraints on children appearing in court proceedings before the court or division. The local rule shall do all of the following: (A) Create a presumption that physical restraints shall not be utilized unless the judge or magistrate before whom the child is appearing makes an individualized 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 eitherr of the following: (1) the child represents a current and significant threat to the safety of the child's self or other perons in the courtroom; (2) there is a significant risk the child will flee the courtroom. (B) Require the judge or magistrate to permit any party . . . 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 by the judge or magistrate, require the restraint be the least restrictive necessary to meet the risk requiring the restraint and in a manner which does not unnecessarily restrict the movement of the child's hands." |
| Oklahoma |
| Oregon |
419A.240 |
“(1)(a)Instruments of physical restraint, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints and other similar items, may not be used during the juvenile court proceeding and must be removed prior to the youth, adjudicated youth or young person being brought into the courtroom unless the court finds that the use of restraints is necessary due to an immediate and serious risk of dangerous or disruptive behavior and there are no less restrictive alternatives that will alleviate the immediate and serious risk of dangerous or disruptive behavior. (b) If the means do not exist to remove the instuments of physical restraint . . . prior to the youth . . . being brought into the courtroom, such restraints shall be removed prior to commencement of the proceeding. (c) Instruments of physical restraint removed under this subsection must remain removed for the duration of the proceeding. (2) In determining whether an immediate and serious risk of dangerous or disruptive behavior exists, the court may consider: (a) whether the youth . . . has a history of dangerous or disruptive behavior that has placed the youth . . . or others in potentially harmful situations as evidenced by recent behavior; (b) whether the youth . . . presents a substantial risk of inflicting physical harm on himself or others; and (c) whether the youth . . . presents a substantial risk of flight from the courtroom or courtroom premises. (3) In determining whether a less restrictive alternative will alleviate the immediate and serious risk of dangerous or disruptive behavior, the court may consider the presence of court personnel, law enforcement officers, juvenile department staff or counselors, or bailiffs. (4) When the use of restraints is requested by a law enforcement agency, the juvenile department or other party to the juvenile court proceeding, the request must be made in writing and presented to the court and other parties prior to the youth, adjudicated youth or young person's appearance in the courtroom for the juvenile court proceeding. The request must describe discrete, recent, concrete and observable examples of behaviors or risk factors that justify the use of restraints. (5) The court shall provide the attorney for the youth, adjudicated youth or young person an opportunity to be heard prior to ordering the use of restraints. If restraints are ordered, the court shall make written findings of fact in support of the order. (6) Any restraints used must allow the youth, adjudicated youth, or young person limited movement of the hands to read and handle documents and writings necessary to the juvenile court proceeding. Under no circumstances should a youth . . . be restrained to a stationary object or another person. (7) Restraints may not be used for punishment, ofr convenience or as a substitute for staff supervision." |
| Pennsylvania |
237 Pa. Code R. 139 |
"Restraints shall be removed prior to the commencement of a proceeding unless the court determines on the record, after providing the juvenile an opportunity to be heard, that they are necessary to prevent: (1) physical harm to the juvenile or another person; (2) disruptive courtroom behavior, evidenced by a history of behavior that created potentially harmful sitautions or presented substantial risk of physical harm; or (3) the juvenile, evidenced by an escape history or other relevant factors, from fleeing the courtroom." |
| Puerto Rico |
Ley Num. 47 del ano (2022) |
“Any instrument of physical restraint to which a minor is subject outside of court, such as handcuffs, chains, irons, shackles, straitjackets, or any other device intended for the purpose of limiting mobility, must be removed before for the minor to enter the courtroom. The use of such restraints is prohibited during any court proceedings.” |
| Rhode Island |
| South Carolina |
§ 63-19-1435 |
"(A) If a juvenile appears before the court wearing instruments of restraint, such as handcuffs, chains, irons, or straitjackets, the court in any proceeding may not continue with the juvenile required to wear instruments of restraint unless the court first finds that: (1) the use of restraints is necessary due to one of the following factors: (a) the juvenile poses a threat of serious harm to himself or others; (b) the juvenile has demonstrable recent record of disruptive courtroom behavior that has placed others in potentially harmful situations; or (c) there is reason to believe the juvenile is a flight risk; and (2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, court personnel, law enforcement officers, or bailiffs. (B) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order." |
| South Dakota |
| Tennessee |
R. Juv. P. 204 |
“(a) Children appearing in juvenile court may be restrained if the court determine that: (1) the behavior of the child represents a threat to his or her safety or the safety of other people in the courtroom; or (2) the behavior of the child presents a substantial risk of flight from the courtroom; and (3) there are no less restrictive alternatives to restraints that will prevent flight or risk of harm to the child or another person in the courtroom. (b) Any party may request to be heard as to whether or not restraints are necessary, and upon request, a judge shall make findings on the record regarding the decision to restrain the child.” |
| Texas |
V.T.C.A., Govt. Code T. 2, Subt. F App., Jud. Admin., R. 17 |
“(a) Restraints, such as handcuffs, chains, irons, and other similar items, must not be used on a child during a juvenile court proceeding unless the court determines that the use of restraints is necessary because: (1) the child presents a substantial risk of: (A) inflicting physical harm on the child or another person; or (B) flight from the courtroom; or (2) of any other factor relevant to assessing risk in the court proceeding. (b) If a court determines that the use of restraints is necessary, the court must: (1) order the least restrictive type of restraint necessary to prevent physical harm or flight; and (2) make findings of fact in support of the determination on the record or in a written order.” |
| Utah |
R. Jud. Admin. 4-905 |
"(1) Absent exigent cirucmstances, a minor, while present in a juvenile courtroom, shall not be restrained unless the court finds by a preponderance of the evidence that: (A) restraints are necessary to prevent physical harm to the minor or a third party present in the courtroom; (B) the minor is a flight risk; (C) the minor is current in jail, prison or a secure facility . . . (D) the seriousness of the carged offense warrants restraints; or (E) other good cause exists for the minor to be restrained. (2) Any person with a interest in the case may move the court to restrain a minor during court proceedings. The court shall permit all persons with a direct interest in the case the right to be heard on the issue of whether to restrain the minor. (3) If the court orders that a minor should be restrained, the court shall reconsider that order at each future hearing regarding the minor. (4) Ex parte communications that provide information on the criteria listed in paragraph (a) are not prohibited. However, the judge or commissioner shall notify all other parties of the communication as soon as possible and shall give them an opportunity to respond." |
| Vermont |
33 § 5123(d) |
“It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.” |
| Virginia |
HB 2222 & SB 1255 (2025) |
"(B) Instruments of restrain shall not be used on a juvenile during a delinquency proceeding in a juvenile and domestic relations district court unless, upon motion from the Commonwealth or on the court's own motion sua sponte, such court orders the use of such restraints prior to such juvenile's appearance in the courtroom. (C) The court may order the use of instruments of restraint on a juvenile upon making a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed other in potentially harmful situations or presents a clear and substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (iii) there are no less restrictive alternative to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers. (D) The juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint pursuant to the provisions of this section. The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of instruments of restraint pursuant to subsection C, and the juvenile's attorney may waive the juvenile's appearance at such hearing. If such restraints are ordered, the court shall communicate to the parties the basis of the decision either orally or in writing." |
| Virgin Islands |
| Washington |
R. Juv. Ct. 1.6 |
“(1) Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint, such as handcuffs, ankle chains, waist chains, strait jackets, electric-shock producing devices, gags, spit masks and all other devices which restrain an individual’s freedom of movement shall not be used on a respondent during a court proceeding and must be removed prior to the respondent’s appearance before the court unless the court finds both that: (1) the use of restraints is necessary due to one of the following factors: (A) present behavior of the respondent represents a current threat to this or her own safety, or the safety of other people in the courtroom; (B) recent disruptive behavior of the respondent has placed other in potentially harmful situations or presents a substantial risk of inflicting physical harm to himself or herself or others; or (C) present behavior of the respondent presents a substantial risk of flight from the courtroom; and (2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the respondent of another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.” |
| West Virginia |
| Wisconsin |
§ 938.299(2m) |
“(B) Instruments of restraints may not be used on a juvenile during a court proceeding and shall be removed prior to the juvenile being brought into the courtroom and appearing before the court unless the court finds that: 1. the use of restraints is necessary due to any of the following factors: (a) restraints are necessary to prevent physical harm to the juvenile or another person; (b) the juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations, or the juvenile presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; (c) there is a founded belief that the juvenile presents a substantial risk of flight from the courtroom. 2. There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including the presence of court personnel, law enforcement officer, or bailiffs. (c) The court shall provide the juvenile’s counsel an opportunity to be heard before the court orders the use of restraints. If the juvenile’s counsel informs the court that the juvenile wishes to be present, the court may order telephone or videconference hearing . . . If restraints are ordered, the court shall make findings of fact in support of the order. (d) Any restraints shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing. Under no circumstances may a juvenile be restrained using restraints that are fixed to a wall, floor, or furniture.” |
| Wyoming |