Michigan HB 5514: Preventing Restraints in Youth Transport Act

substitute for

HOUSE BILL NO. 5514

A bill to prohibit youth transportation companies from using certain restraints while transporting youths to certain youth residential treatment programs; to provide exceptions; to provide civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act may be cited as the "preventing restraints in youth transport act".

Sec. 3. As used in this act:

(a) "Youth" means a minor child as that term is defined in section 1 of 1973 PA 116, MCL 722.111.

(b) "Youth residential treatment program" means each location of a facility or program operated by a public or private entity that does all of the following with respect to 1 or more youth who are unrelated to the owner or operator of the facility or program:

(i) Provides a residential environment including, but not limited to, any of the following:

(A) A program with a wilderness or outdoor experience, expedition, or intervention.

(B) A boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes.

(C) An education or therapeutic boarding school.

(D) A behavioral modification program.

(E) A residential treatment center or facility.

(F) A qualified residential treatment program as that term is defined in 42 USC 672.

(G) A psychiatric residential treatment program that meets the requirements of 42 CFR part 441.

(H) A group home serving children and youth placed by any placing authority.

(I) An intermediate care facility for individuals with intellectual disabilities.

(J) Any residential program that is utilized as an alternative to incarceration for justice involved youth, adjudicated youth, or delinquent youth.

(ii) Serves youths who have a history or diagnosis of any of the following:

(A) An emotional, behavioral, or mental health disorder.

(B) A substance misuse or use disorder, including alcohol misuse or use disorders.

(C) An intellectual, developmental, physical, or sensory disability.

(c) "Youth residential treatment program" does not include any of the following:

(i) A hospital licensed by this state.

(ii) A foster family home that does any of the following:

(A) Provides 24-hour substitute care for children placed away from their parents or guardians and for whom the department of health and human services has placement and care responsibility.

(B) Is licensed and regulated by this state as a foster family home.

(d) "Youth transportation company" means a business that specializes in transporting a youth to a youth residential treatment program.

Sec. 5. Except as otherwise provided in subdivision (c) and section 7, a youth transportation company may not use any of the following devices on a youth when the final intended destination is a youth residential treatment program:

(a) Visual impairment, including blindfolds and hoods.

(b) Mechanical restraints, including handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or similar items.

(c) Physical restraints, including holds, or other use of physical force to restrict free movement, unless both of the following apply:

(i) The use of physical restraints is necessary due to a substantial likelihood of imminent serious physical harm to the youth or others.

(ii) There are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the youth or others.

Sec. 7. A youth transportation company staff may use physical restraints on a youth if all of the following apply:

(a) The staff have been adequately trained in restraint device usage.

(b) The restraints are necessary due to a substantial likelihood of imminent serious physical harm to the youth or others.

(c) The restraints are used only as long as the imminent risk persists.

Sec. 9. A youth transportation company shall not pick up a youth for transportation to a youth residential treatment program between the hours of 9 p.m. and 6 a.m. This section does not prohibit a youth transportation company from transporting a youth during the times described in this section.

Sec. 11. (1) A person that violates this act is subject to a civil fine of not more than $1,000.00. The prosecutor of the county in which the violation occurred, or the attorney general may bring an action to collect the fine.

(2) An action under this act must be filed within 10 years after the date the violation occurred.