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Children’s system‑of‑care bill would clarify use of restraint, allow narrow out‑of‑state placements for foster youth
Summary
The System of Care Advisory Council and Oregon Department of Human Services urged lawmakers to pass HB 3835 to align restraint and seclusion rules with trauma‑informed practice, clarify when restraint constitutes abuse, and create limited exceptions for out‑of‑state inpatient placements for foster children when medically necessary.
The System of Care Advisory Council (SOCAC) and Oregon Department of Human Services told the House Committee on Early Childhood and Human Services on March 6 that House Bill 3835 aims to update Oregon’s children’s behavioral‑health rules, clarify when restraint and seclusion are considered abuse, and permit narrow exceptions for out‑of‑state placements for children in foster care when appropriate.
Anna Williams, SOCAC executive director, described longstanding gaps in Oregon’s children’s behavioral‑health system and said the bill would align regulatory practices with trauma‑informed care and consistent standards across schools, treatment programs and child‑welfare settings. “This bill establishes a solid foundation with consistent regulations across settings, including schools, regarding the use of restraint and seclusion and when use of restraint and seclusion constitute abuse,” Williams said.
April Flint Gerner, child‑welfare director at the Oregon Department of Human Services, presented case reviews and said statutory limits currently block children in foster care from receiving necessary inpatient treatment outside Oregon unless the out‑of‑state facility holds an Oregon child‑caring agency license. “Current laws prohibit children in foster care from receiving inpatient care at any facility outside of Oregon unless that facility is licensed as an Oregon child caring agency,” Flint Gerner said, and she described instances in which children lacked in‑state options for appropriate, culturally matched or medically necessary care.
Nut graf: Supporters said HB 3835 creates a framework to reduce unnecessary restraint and seclusion through clearer definitions, establishes oversight and reporting and offers tightly constrained exceptions — subject to director approvals and oversight — to allow out‑of‑state or tribal placements when they are in the child’s best interest and medically necessary.
Witnesses emphasized accountability and layered oversight: exceptions would require approvals by the child‑welfare director and the Oregon Health Authority Medicaid director when the placement involves medically necessary treatment, and the bill would include statutory oversight by the governor’s office, SOCAC and a proposed OHSU institute. Presenters said the changes are meant to prevent tragedies caused by lack of appropriate treatment settings and to remove statutory barriers that currently produce unequal access for foster youth compared with other children in Oregon.
Committee members were told bill language will be reviewed in detail at a future session and that the committee will schedule a section‑by‑section conversation to examine statutory changes and oversight mechanisms.
