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Senate advances bill to tighten oversight of youth residential treatment centers

Utah State Senate · February 11, 2021
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Summary

S.B. 127 passed third reading after floor debate. The bill adopts national best practices on restraints, increases site visits and reporting, requires weekly unmonitored family calls, and mandates suicide-prevention and nondiscrimination programs in youth residential treatment centers, sponsors said, citing survivor testimony and investigative reporting.

The Utah Senate on Feb. 11 advanced first substitute S.B. 127, a human services bill that seeks to strengthen oversight and safeguards for youth residential treatment and congregate-care facilities.

Senator McHale, who sponsored the bill, told the Senate it addresses six core areas including physical and chemical restraint standards, increased announced and unannounced site visits, required suicide-prevention programming, non‑discrimination policies, prompt reporting of restraint and seclusion incidents and weekly unmonitored family communications. "What this bill does is actually make it so that, we allow our military families after they get orders…" (note: sponsor remarks covered many topics); more specifically for S.B. 127, McHale said the bill adopts national best practices and increases transparency and reporting.

The sponsor cited survivor and staff testimony heard in committee — including references to lengthy stays and troubling incidents — and read letters from former employees describing abuse. He told colleagues the bill prohibits cruel and unusual punishment in facilities, restricts strip searches to very narrow exceptions, requires reporting of restraint incidents within one business day, and requires weekly unmonitored phone contact between residents and family as an industry standard.

Members from both sides described the bill as necessary to protect minors. Senator Wyler said the bill would "raise the bar" and remove bad actors while preserving effective providers; Senator Escamilla emphasized the need for resources for enforcement and the importance of protecting children who are often not residents of Utah but brought into the state for care. Senator Iwamoto and others added personal or professional experience underlining the consequences of inadequate oversight.

After debate the Senate read the bill a third time; the clerk announced the result with the majority supporting the measure. Sponsors said they would continue to work on implementation details and enforcement capacity.