Is it legal to put hand cuffs on a 5 year old in order to keep him from doing harm to himself and others around him?
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Is it legal to put hand cuffs on a 5 year old in order to keep him from doing harm to himself and others around him?
The incident took place at a school setting. The child has been diagnosed with a mental disorder of ADHD before the incident even took place.
Asked on September 20, 2013 under Criminal Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry. It may in fact not be illegal to restrain even a young child if there is some chance that they will bring harm to them selves or others. But ADHD does not necessarily warrant restraint in and of itself. And although it is termed a "mental disorder" it is really more a learning challenge for the child coupled with a social component - acting act at inappropriate times, etc. Please make sure the school can handle this special child and his needs in more positive ways. And consider speaking with a special needs attorney to help make sure that happens. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry. It may in fact not be illegal to restrain even a young child if there is some chance that they will bring harm to them selves or others. But ADHD does not necessarily warrant restraint in and of itself. And although it is termed a "mental disorder" it is really more a learning challenge for the child coupled with a social component - acting act at inappropriate times, etc. Please make sure the school can handle this special child and his needs in more positive ways. And consider speaking with a special needs attorney to help make sure that happens. Good luck.
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