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 HB207

Relative to repealing the prohibition on the possession or sale of blackjacks, slung shots, and metallic knuckles except by or to minors.

NH HB1048

relative to repealing the prohibition on the possession or sale of blackjacks, slung shots, and metallic knuckles except by or to minors.

NH HB1376

(New Title) relative to a parent's ability to raise their child in a manner consistent with the child's biological sex and relative to breast surgeries for minors.

NH SB110

Prohibiting the use of restraints during hearings under the revised Kansas juvenile justice code unless restraints are deemed appropriate by the court.

NH HB187

Relative to restraining orders sought by a parent on behalf of a minor child.

NH HB120

Limiting Student Restraint & Seclusion

NH HB523

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

NH HB678

Prohibiting the sale of over-the-counter weight loss and muscle building supplements to minors.

NH A1317

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

NH S2104

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

Similar Bills

CA AB1922

Restraint of incarcerated persons.

CO HB1248

Protect Students from Restraint & Seclusion Act

NM HB260

Allowable Responses To Student Behavior

OR SB1113

Relating to the welfare of young people.

DE HB79

An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.

NM HB120

Limiting Student Restraint & Seclusion

OR HB3835

Relating to the welfare of young people; declaring an emergency.