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Lawmakers hear mixed views on bill to change child-caring agency rules and placements
Summary
House Committee on Behavioral Health heard testimony on House Bill 4042, which would revise licensing responses for child‑caring agencies, clarify restraint definitions and expand out‑of‑state placement access for some youths; supporters said it restores provider flexibility, while a Senate sponsor urged careful amendments to preserve mandatory action when abuse is facilitated.
House lawmakers on Tuesday heard hours of testimony on House Bill 4042, a bill that would revise how the Oregon Department of Human Services regulates child‑caring agencies, clarify what counts as a restraint, and make specified changes to placement rules for children.
The measure’s sponsor, Rep. Jason Krupp, described the bill as a set of “small steps” to expand access to behavioral‑health services for young people and to give providers more tools to keep programs open. Krupp said the bill would, among other things, refine the definition of restraints so routine items such as car seats are not treated as prohibited restraints and would allow DHS greater flexibility to place children in appropriate out‑of‑state settings when clinically necessary.
Supporters from the provider community said those changes address gaps from prior statutes that they say have reduced capacity. Andrew Scott, director of residential services at JBARJ Youth Services, said the bill “removes unintended barriers” and “restores professional judgment in placement decisions.” Francis Moore of Saint Mary’s Home for Boys said the bill’s updates to restraint and seclusion training “prioritiz[e] de‑escalation, trauma‑informed approaches and portable competency‑based certification.” Simon Fulford of Parent Creek Child and Family Services called HB 4042 a systems‑change measure that strengthens accountability while protecting children.
Sen. Lisa Reynolds, a pediatrician, voiced support for the bill’s aims but framed it as modest and incremental, saying that after earlier statutes “we’ve experienced a drastic reduction in psychiatric and other high‑needs beds available for youth” and that the measure offers tools to help providers remain open.
Sen. Sarah Gelser Bluhin, who signed in neutral, urged more precise amendment language in several areas. She said the bill moves some currently mandatory license revocation triggers into discretionary categories — a change she supports for certain document‑and‑reporting failures — but stressed that cases where an agency “facilitates” ongoing abuse or a child dies should remain mandatory revocation circumstances. Gelser Bluhin also raised concerns that placement language in the bill could undermine access to federal Family First Prevention Act funding if it permits extended placements that federal rules do not cover.
Committee members asked clarifying questions about which provisions could affect eligibility for federal reimbursement and about proposed training standards. No formal action was taken on HB 4042 during the hearing; the chair closed the public record after the panel of witnesses finished.
Authorities, proper names and context in the hearing included the Indian Child Welfare Act (referenced in a dash‑1 amendment), the Family First Prevention Act (federal funding rules for congregate care), the Oregon Department of Human Services and the Oregon Health Authority. The bill drew a mix of provider support and requests from senators and staff for targeted amendments and further work before final passage.
