Child and youth welfare facilities
and explained the legal framework. In addition to the administration of
psychotropic sedative medication, net beds, restraint with straps, holding
down and forced placement in time-out rooms, locked areas can also constitute
impermissible measures that restrict freedom insofar as they are not the least
severe measure to avert danger. The Nursing and Residential Homes Residence
Act does not forbid the restriction of freedom per se but regulates the conditions
under which it is permissible. It stipulates documentation and justification of
such measures and requires those implementing them to consider with the
gentlest possible approach. The Nursing and Residential Homes Residence
Act is thus an important guarantee for the right to freedom of minors; this is
particularly the case in view of the ratification of international conventions
such as the UNCRC. Restrictions of freedom and coercive measures are,
however, not covered by the scope of the Nursing and Residential Homes
Residence Act if such measures are justified for the care of the child within the
custody framework.
Uncertainty among staff
The commissions observed on many visits that there is uncertainty among
the socio-pedagogical staff regarding the legal regulations. For example,
Commission 1 learned in a shared accommodation in Vorarlberg that almost
all of the reports to the residents’ representatives did not include the less severe
measures that had been undertaken prior to measures that restrict freedom.
This was, however, very well documented in the internal reporting. A change
in the medication for a resident was reported to the residents’ representatives;
however, that she was also administered PRN medication was not reported. The
relevant prescription was not included either. The commission recommended
updating the reports to the residents’ representatives.
Staffing levels too low
In a facility in Vienna, a group had to be temporarily closed. All of the
children from the shared accommodation were placed in other facilities or
sent home. The reason was a court-appointed expert opinion to examine the
permissibility of restricting the freedom of a resident. It was determined that
less severe measures could have been applied. However, the expert was of the
opinion that the staffing level at the shared accommodation was far too low
for this in view of the number of residents. The shared accommodation has
been undergoing restructuring measures since then.
The staff at another facility in Vienna reported to the commission that no
measures that restrict freedom were applied. However, in the interviews with
the staff, clear knowledge deficits concerning measures that restrict freedom
and how to handle the same were evident. The commission thus expressed
doubt as to whether measures that restrict freedom in the sense of the law are
even recognised as such.
Initial success of the
amendment
83
All legally enforced changes that influence the organisational process need
time and may cause uncertainty at first. An initial success of the amendment
is however that routines are being questioned and the restriction of freedom is
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