§ 8-716

(a) When the final intended destination is a residential child care program and subject to subsection (b) of this section, a youth transportation company may not use:

(1) visual impairment, such as blindfolds and hoods;

(2) mechanical restraints, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or other similar items; or

(3) physical restraints, including holds, or other use of physical force to restrict free movement, unless:

(i) the restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others; and

(ii) there are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the child or others.

(b) (1) Physical restraints may not be used:

(i) as punishment;

(ii) for convenience; or

(iii) as a substitute for staff supervision.

(2) Only youth transportation company staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.

(3) If restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others, the restraints may be used only as long as the imminent risk persists.

(c) (1) Except as provided in paragraph (2) of this subsection, when the final intended destination is a residential child care program, a youth transportation company may not pick up a child for transport to a residential child care program between the hours of 9 p.m. and 6 a.m.

(2) Paragraph (1) of this subsection does not apply to a youth transportation company under contract with the Department of Human Services.