SB400, the Preventing Abduction in Youth Transport Act of 2025, regulates private transportation companies that move children to residential child care programs. The bill defines “youth transportation company” and covers transport to certain residential programs, including wilderness programs, boot camps, boarding schools, and behavioral modification programs serving children with mental health, substance use, or developmental disabilities. It excludes hospitals, detention facilities, youth correctional facilities, substance abuse treatment facilities, foster family homes, and other secure facilities.
The bill prohibits these transportation companies from using blindfolds, hoods, handcuffs, chains, straitjackets, and similar restraints during transport, except when restraints are immediately necessary to prevent serious and imminent physical harm and no less restrictive alternative exists. It also bars the use of physical restraints as punishment, for convenience, or as a substitute for supervision, and limits restraint use to trained staff. In addition, the bill generally prohibits picking up children for transport to a residential child care program between 9 p.m. and 6 a.m., with an exception for companies under contract with the Department of Human Services.
SB400 also creates enforcement mechanisms. The Attorney General may sue for injunctive relief and statutory damages, and an individual may bring a civil action for restitution, compensatory damages, statutory damages, and attorney’s fees. The bill sets statutory damage amounts of up to $1,000 for a first offense and $3,000 for subsequent offenses in actions brought by the Attorney General, and up to $500 per violation in private actions, with a 10-year filing period after the victim reaches majority. The act applies prospectively only and takes effect October 1, 2025.
The overall sentiment reflected in the voting history is strongly supportive and noncontroversial: the bill passed the Senate and House unanimously, with recorded votes of 47-0 and 138-0. No committee transcript excerpts were provided, so there is no recorded floor or committee debate to indicate opposition. The unanimous votes suggest broad agreement on the need to restrict coercive transport practices and provide civil remedies for violations.
The main point of policy focus is the balance between child safety and transport company discretion. Supporters appear to favor the bill as a safeguard against abuse, abduction, and harmful restraint practices in youth transport settings, while the statutory exceptions preserve limited restraint use in emergencies and carve out DHS-contracted transport. Because no committee discussion is available, there is no documented opposition in the provided materials, but the bill’s detailed restraint limits and private right of action are the most likely areas where implementation concerns could arise.
SB400 adds a new Part III to Title 8 of the Human Services Article governing transportation companies that specialize in transporting children to residential child care programs. It creates new statutory definitions, imposes transport and restraint restrictions, limits nighttime pickups, and authorizes enforcement by the Attorney General and private individuals. The bill affects private youth transport businesses, residential child care programs, and, indirectly, children and families involved in out-of-state or specialized placement transport.
The bill appears to have enjoyed broad bipartisan support and little visible controversy in the recorded votes, passing both chambers unanimously. The absence of recorded committee testimony in the provided materials means there is no documented public debate here, but the unanimous roll calls suggest the legislation was viewed as a child-protection measure with clear safety benefits. The overall tone is protective and regulatory rather than partisan.
No explicit opposition is shown in the provided record, but the bill’s most notable policy tensions are between child safety and operational flexibility for transport companies. The restrictions on restraints, the nighttime pickup ban, and the private right of action with damages and attorney’s fees could raise concerns about compliance burdens, litigation exposure, and emergency decision-making. The bill addresses those concerns in part by allowing restraints only when there is an immediate and serious risk of harm and by exempting DHS-contracted transport from the nighttime pickup restriction.