Senate committee hears extensive testimony on bill to clarify restraint, seclusion and out-of-state placement rules for children in care

The Senate Human Services Committee held a public hearing March 27 on Senate Bill 1113, a sweeping measure that would reorganize and clarify Oregon law about the use of restraint and involuntary seclusion in public education programs and regulated care settings, tighten rules around nonmedical secure transport, and preserve reporting and oversight requirements for out-of-state placements of children in state custody.

Committee staff described SB 1113 as "an alternative" to House Bill 3,835 and said it addresses many of the same concerns while preserving statutory protections. Staff summarized main components: (1) revised definitions and policy about restraint and seclusion used in schools and care settings, with clarifying language about what does not constitute a restraint; (2) a focus on secure nonmedical transport (companies that move children outside medical contexts) and explicit exclusions for medical and hospital transports; (3) changes to training and certification requirements for staff who apply restraints; (4) adjustments to civil penalties, retaining penalties for repeated use of restraint by untrained staff and increasing the maximum civil penalty cap from $500 to $1,500; and (5) preservation and tightening of reporting, licensing and oversight requirements for placements out of state.

"This bill modifies the process for the Oregon Department of Human Services to investigate and impose penalties on reports of abuse and neglect," staff told the committee. Staff said several sections originally in an earlier draft were removed to reduce confusion, including a section tied to psychiatric residential treatment facility (PRTF) rules and another that…