Witnesses split over House Bill 3835’s changes to restraint rules and out‑of‑state placements

The House Committee on Early Childhood and Human Services held a public hearing Tuesday on House Bill 3835, a measure that would change how child‑serving programs may use physical restraint and expand narrow exceptions for out‑of‑state placements. The committee heard roughly 28 in‑person and remote witnesses during the allotted period; no committee vote occurred at the hearing.

Supporters — including some clinicians, residential program directors and a union representative — testified that HB 3835 would give staff legal clarity and restore tools to keep other children and employees safe when served youth exhibit violent behavior. Dr. Daniel Nikolai, a child and adolescent psychiatrist testifying for the Oregon Psychiatric Physicians Association and the Oregon Council of Child and Adolescent Psychiatry, said clinicians sometimes face urgent decisions in higher levels of care and called HB 3835 “a more trauma‑informed way for staff and families to work collaboratively to keep everyone safe.”

Opponents—family members, disability advocates and current and former residents of out‑of‑state facilities—said the bill would roll back hard‑won limits on restraints and increase the risk of abuse, particularly for children with disabilities and children of color. Jenny Canaday, who said her son was blind, autistic and nonverbal, testified that her child was restrained “hundreds of times” and now lives with…