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.

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

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IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

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TX SB751

Relating to the use of restraints in state schools.

CO HB1248

Protect Students from Restraint & Seclusion Act