Rule 10-223A Physical restraints in the courtroom.

A. Purpose. This rule is intended to balance legitimate security needs in court facilities with the purpose of the Children’s Code to provide care, protection, and wholesome mental and physical development of children subject to children's court proceedings and to preserve the dignity, decorum, and safety of judicial proceedings involving children.

B. Use of physical restraints in the courtroom; reasonable grounds required. 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. Challenge to the use of restraints. 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.