New Hampshire 2023 Regular Session

New Hampshire House Bill HB491

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/15/23  
Engrossed
3/7/23  
Refer
3/7/23  
Report Pass
5/3/23  
Enrolled
6/28/23  
Chaptered
8/1/23  

Caption

Relative to prohibiting the use of the prone restraint for minors.

Impact

The bill modifies the existing laws regarding physical restraint in educational and treatment facilities, particularly expanding upon RSA 126-U. With this legislation, schools and treatment facilities will be required to cease the use of prone restraint and monitor the conditions under which physical restraints are applied. Facilities must ensure that alternative, safer methods of restraint are employed, promoting a higher standard for child safety in educational environments. This transition is significant, as it seeks to align child welfare practices with a more humane, child-centered approach.

Summary

House Bill 491 seeks to prohibit the use of prone restraint techniques on minors within educational and treatment settings. The bill emphasizes the inherent dangers associated with prone restraint, which can pose risks of serious injury or even death to children. By this legislation, New Hampshire's general court acknowledges that while some forms of physical restraint may be necessary, specific techniques that endanger a child's life and well-being should not be allowed. The bill aims to enforce compliance with existing regulations concerning dangerous restraint methods, clarifying the obligations of institutions to protect minors.

Contention

Discussions surrounding HB 491 reflect a broader debate about restraint techniques in educational and therapeutic contexts. While many advocate for the bill as a necessary step in safeguarding vulnerable populations, some practitioners might express concerns about the practical implications of prohibiting prone restraint. Any transition in restraint policies necessitates retraining staff and adapting protocols, which might face resistance in institutions accustomed to certain practices. The bill's supporters argue that advancements in understanding child psychology and restraint applications necessitate a re-evaluation of current practices, while opponents may worry about ensuring safety without certain restraint methods.

Companion Bills

No companion bills found.

Previously Filed As

NH HB1269

Relative to the use of child restraints in schools.

NH SB179

Relative to eliminating the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.

NH HB523

Relative to the office of child advocate's oversight of restraint and seclusion reports.

NH HB397

Relative to the prohibition of the possession of hypodermic needles by minors.

NH HB397

Relative to the prohibition of the possession of hypodermic needles by minors.

NH HB619

Prohibiting gender transition procedures for minors, relative to sex and gender in public schools, and relative to the definition of conversion therapy.

NH SB483

Pupil rights: prone restraint.

NH HB1580

Relative to the prohibition of government procurement of electric vehicles containing components created through the use of forced labor.

NH HB639

Relative to the legalization and regulation of cannabis and making appropriations therefor.

NH HB306

Relative to prohibiting reunification therapy.

Similar Bills

CA AB878

Juveniles: restraints.

NH SB393

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

CA AB2657

Pupil discipline: restraint and seclusion.

IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

TX SB751

Relating to the use of restraints in state schools.

CO HB1248

Protect Students from Restraint & Seclusion Act