˚˚ (b) a person exercising the power of restraint must comply with guidelines issued under section 148 that are relevant to the restraint of the care recipient. ˚˚ (c) in an emergency, a care recipient may be restrained by a person who, under a delegation given by the care recipient’s care manager, has immediate responsibility for the care recipient, but that person must immediately bring the case to the attention of the care manager. ˚˚ (d) the duration and circumstances of each episode of restraint must be recorded in a register kept in accordance with guidelines issued under section 148.” Standards and Guidelines Health and Disability Services (General) Standard • Seclusion is defined as where “a consumer is placed alone in a room or area, at any time and for any duration, from which they cannot freely exit.” Health and disability Services (Restraint Minimisation and Safe Practice) Standards • “Restraint is a serious intervention that requires clinical rationale. It should not be undertaken lightly and should be considered as one of a range of possible interventions in the care setting, and always in the context of the requirements of this Standard, and current accepted good practice. Restraint should be applied only to enhance or maintain the safety of consumers, service providers, or others. Service provider training and competency is critical, bother to the appropriate and safe use of restraint, and to minimising the use of restraint.” [p. 6] Oranga Tamariki Residences Oranga Tamariki Act 1989 In 2017, the Oranga Tamariki Act replaced the Children, Young Persons and Their Families Act 1989 Secure Care • Section 368(1): “A child or young person may be placed in secure care in a residence … (a) to prevent the child or young person absconding from the residence where any 2 of the conditions specified in subsection (2) apply; or (b) to prevent the child or young person from behaving in a manner likely to cause physical harm to that child or young person or to any other person.” 77