HB 3485
Modifies when the Department of Human Services may substantiate an allegation of child abuse arising from the restraint or seclusion of a student.
Jurisdiction
Oregon
Session
2025 Regular Session
Committee
Early Childhood and Human Services
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes how Oregon’s Department of Human Services (DHS) can determine if a student’s restraint or seclusion by school staff constitutes child abuse. It clarifies that DHS may not find abuse if the staff member was not trained to a specific standard and didn't act recklessly, or if the restraint was a minor deviation from established procedures and the staff member was trained. The bill also addresses accountability for public education programs if they are found responsible for abuse related to staff restraint or seclusion practices.
Key provisions
- DHS may not find abuse if staff members were not trained to ORS 339.300 and acted without reckless disregard for student safety.
- DHS may not find abuse if staff members were trained to ORS 339.300 and the restraint was a minor deviation from established procedures.
- The bill prohibits finding abuse if the restraint or seclusion impedes a student’s breathing.
- Public education programs can be held responsible for abuse resulting from staff actions.
- Public education programs must take appropriate employment action against staff who violate policies.
- Definitions of ‘public education program,’ ‘restraint,’ and ‘seclusion’ are aligned with ORS 339.285.
Who is affected
- Students
- School staff (teachers, administrators, etc.)
- Oregon Department of Human Services (DHS)
- Public education programs (schools, districts)
- Parents/Guardians of students
Notable changes
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