Compensation for the use of force and other intervention in the right of self-determination of adults and of specific safety measures for adults and reception duties in buoys of the service above

Under section 108, paragraph 1. 6, and section 137 of the Social Services Act, cf.. Law Order no. 254 of 20. March 2014 :

Scope and general conditions

§ 1. The use of force against grownups by Chapter 24 of the service subject shall include physical procedures in the right to self-determination.

Paragraph 2. Lawful use of force shall comprise :

1) Alarm and fireplace systems according to section 125 (5) of the service. 1.

2) Alarm and fireplace systems according to section 125 (5) of the service. TWO, TWO. Act.

3) Special doorways in accordance with the service cell section 125 (5). 3.

4) Holding for service on top of section 126 and § 126 a.

5) Retention in the residence after section 127.

6) Use of metabolisels after paragraph 128.

7) Ingetion in special booffers without the consent of the service cell ' s section 129.

Paragraph 3. Inclusises by service cell's § 125, paragraph 1. TWO, ONE. Pkton, not force of use.

Paragraph 4. The use of force and other interventions in the right of self-determination may only be implemented in the face of the social circle referred to in the section 124 of the service section, where care, care and social care work in the specific case has proved inadequate.

Paragraph 5. In accordance with this provision, an individual assessment of the professional defence and necessity of the intervention shall be subject to a state of health and to the state of health of the deposited.

§ 2. The person who, under the authority of the municipal authority, is responsible for measures taken in accordance with section 125-129, it is duty to ensure that the measure is not stretched beyond the required level.

Personal alarm and fire systems and special doorways

§ 3. Access to a decision on the temporary use of personal alarm or fire systems according to section 125 (5) of the service. 1 includes only equipment that is suitable for detectability that a person leaves the residence or to track down a person who has left the residence. Access to a decision on the temporary use of personal alarm or fire systems according to section 125 (5) of the service. 1, does not include the equipment suitable for continuous monitoring of a person's movements.

Paragraph 2. For the person group shown in the section 125 (5) of the service group. TWO, TWO. PC may decide on the use of personal alarm or fire systems without a time limit. However, a measure must cease if the content of the conditions for deciding on a measure is no longer present.

Paragraph 3. Special doorways in accordance with the service cell section 125 (5). 3, comprises double doorknots, double-tap for doorway and the like. The measure must not be in the nature of a proper locking mechanism, but must not be allowed to be in a holding position until the free movement of the person concerned so that the person concerned is drawn to the person concerned.

Paragraph 4. The hold in the residence of the residence shall not be a consequence of the special door openings without the local authority ' s Council decision on the subject of section 127 of the service. Persons not covered by a hold in the residence of the residence in accordance with section 127 of the service shall be ensured necessary for the use of the special door openers.

Holding in personal hygiene situations

§ 4. Physical power in the form of restraint will be permitted under the following hygienic conditions according to section 126 of service (s) :

1) Toothbrushing.

2) Barbering.

3) Hard-washing, bathing and shifting.

4) Haircut of hair and nails.

5) The skipling of diapers and blindfolds.

6) Care of skin.

7) Removal of tumours in cheeksack and mouth lair.

Paragraph 2. It must be made clear in the decision of the municipal management decision on which the specific hygiene conditions are concerned.

Paragraph 3. The retention must not be used for the retention and there must be proportionality between the character of the persistence and the one that is sought to attained at the hold.

Paragraph 4. Physical power in the form of retention in hygiene situations will be permitted for a period of up to three months. The local authorities shall be able to extend the period, which may not exceed six months, in other ways to promote the hygiene conditions of the relevant parallel, in accordance with the section 126a of the service. Act.

Paragraph 5. If the mental functionability of a person who has previously taken a decision in accordance with section 126 a of a service has been reduced further, a decision on the authorisation of physical force in the form of a decision shall be taken again on the establishment of a reduced number of persons ; Holding in hygiene situations for a period of up to three months with the possibility of extension up to 6 months. At the same time, the scope of the action plan in accordance with the service level section 141 must be reviewed and worked through in accordance with the new conditions.

Legal assistance

§ 5. The State administration shall appoint a number of lawyers in the case of law enforcement who are obliged to take matters on the services of section 127 and section 129 (2). 1.

Paragraph 2. Requests for open posts as a lawyer in cases under section 127 and 129 (4). 1, convened in the local press, professional journals, or in any other way that can ensure that the appropriate number of suitable lawyers can be appointed. Applications shall be submitted to the Board of advice to the advisory opinion.

§ 6. The local authority or state administration has a duty to use the lawyers designated by the state administration, cf. Section 5 (5). 1.

§ 7. The person to take measures across the street can always choose his own lawyer.

Paragraph 2. The local authority and state administration must ensure that a lawyer who is privately accepted does not become inhabial due to the relationship between the client and the client's spouse, relatives, and others.

Revaluation, registration and reporting

§ 8. In cases of measures under way, under the section 125 (5) of the service package, One, paragraph 125, paragraph. 3 and § 127, the need for the continuous application of the measure is reviewed in the local authority and no later than eight months after the decision of the municipal management board decision on the implementation of the measure.

Paragraph 2. In cases of measures taken under the section 128 of the Service Act, the need for the continuous application of the measure shall be reviewed at the latest within 18 months of the last decision taken by the Communalan Management Decision on the measure.

§ 9. Registration by service level section 136 must be made by the tender in one of the special reporting forms that can be found on the Social Affairs website, cf. however, paragraph 1 2. The tender must send the completed schema to the local authority counctable that is responsible for the citizen's stay in the tender, cf. sections 9 and 9b in the law of legal security and administration in the social field and the municipalities of the municipality of the municipality which leads the business-oriented supervision of the tender, cf. Section 148 a of Law on Social Services or Article 2 of the Law on Social Security. In addition, if the citizen concerned has a residence in a regional or municipal settlement, the tender must also inform the local authority or regional operations master of the use of force.

Paragraph 2. The municipality of the municipality who is responsible for the citizen's stay in the tender, cf. sections 9 and 9 b in the law on legal security and administration in the social field may decide that the registration, cf. paragraph 1, shall be carried out on reporting forms that the municipality board itself shall draw up. A prerequisite for this is that the reporting forms, as a minimum, contain the same information as the reporting forms pursuant to paragraph 1. 1.

Paragraph 3. The municipal manager who is responsible for the citizen's stay in the tender, cf. section 9 and 9b in the law on legal security and administration in the social field, assess whether the reporting gives rise to comments or to changes in the local authority decisions on the citizen's relationship, cf. Commitment of the municipal management board pursuant to section 148 of the Social Services Act.

Paragraph 4. The municipal management board that is conducting the operations-oriented supervision, cf. Section 148a of the Law on Social Services or Article 2 of the Law on Social Security, assesses whether the reports on power use give rise to supervisory considerations.

§ 10. In cases where infringements of the rules are being violated, in cases where there is no decision on continued use of force, or cases where interventions have been carried out in the course of the emergency or without delay, registration shall be made immediately and by the day at the latest ; after the measure has been put into effect.

Paragraph 2. Recorded measures pursuant to paragraph 1. 1 shall be reported immediately and no later than 3. the day after the rules in section 9.

§ 11. Registration of measures according to section 125 (5) of the service. One, paragraph 125, paragraph. TWO, TWO. pkt., section 125, paragraph. 3 as well as section 126-128 must be carried out immediately and no later than the following day after the procedure has taken place.

Paragraph 2. Recorded measures pursuant to paragraph 1. 1 is reported monthly in accordance with the rules in section 9.

§ 12. Registration of the move operation initiated by service level section 129 shall be carried out at the latest by the end of the month in which the move has started.

Paragraph 2. Registration of measures referred to in paragraph 1 1 will be reported quarterly in accordance with the rules in section 9.

§ 13. Registration after section 9-12 is carried out by the person who initiated the procedure or the measure, or by the person who has the power of instruction to the staff who initiated the procedure or the measure.

Paragraph 2. Where, in accordance with the section 141 of the service, section 141 of the service (s) has been drawn up to whom the use of force or any other intervention in the personal freedom has been initiated in connection with the reporting by section 9-12 copies of the action plan.

§ 14. The local authorities shall monitor the development of the use of force and other interventions in the personal freedom to the citizens of which the local authorities are responsible, cf. sections 9 and 9b in the law on legal security and administration in the social field, in order to assess the need for follow-up action.

Paragraph 2. The report shall be submitted annually to the public authority.

Supervision

§ 15. Subject to the provisions of section 127 of the section 127 of the section 127 of the section 127 of the Public Service shall be subject to notification of the right of access to the Committee of the People ' s Committee in accordance with section 71 (1). 7, on the supervision of persons subject to administrative detention. This also applies if consent is given to the measure.

Special security measures in the form of boformer

§ 16. A department, all or almost entire 24 hours a day, the outer doors and windows are continuously locked, must be approved as a specially secured section. The Ministry of Children, Gender Equality, Integration and Social Services can, by setting out the local authority, approve a Section in a Boform by section 108 (3). 1, in the Social Services Act, as a special secure (closed) section, which means a department in which it is allowed to have outer doors and windows constantly locked.

Paragraph 2. A specially secured branch may be organized as an independent type of residence or may be associated with a bowing.

Paragraph 3. A special safety unit may only receive persons who, pursuant to a judgment or court order, be included in a special settlement, cf. Law on Social Services § 108 (3). 6, no. 1-3.

Paragraph 4. The City Council of Lolland Municipality has a duty to establish offers in specially secured section of Kofoedsmemory and to in this offering to receive persons who, pursuant to judgment or court, to be included in a special settlement, cf. Law on Social Services § 108 (3). 6, no. 1-3.

Receive duty

§ 17. The local authorities shall decide on residence in the botare of the section 108 (5) of the service. 1, for people who

1) under the order of the court,

2) in accordance with the judgment or the ruling, the form of a person with a significant reduction in mental capacity or under-supervision shall be placed in a boating person, including with the possibility of administrative placement, or

3) placed in a boating form of persons with a significant reduction in mental capacity or under supervision, including the possibility of administrative placement, in the case of a grant or paroiseur of the term.

Paragraph 2. The local authority shall take a decision on residence in particular security, cf. Section 17, to the extent that it is laid down by the court.

Entry into force

§ 18. The announcement shall enter into force on 1. May 2014.

Paragraph 2. Publication no. 716 of 19. June 2013 on the use of force and other interventions in the right of self-determination to adults, as well as the specific safety measures for adults and the duty of reception in boiling after the service is lifted.