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HB 5514

Children: other; prohibition of use of certain restraints while transporting youths to certain qualified residential treatment programs; provide for. Creates new act.

2025-2026 Regular Session Introduced by Julie Brixie and 5 co-sponsors

The bill bans most restraints and visual deprivation on youths transported to QRTPs, allowing only trained staff to use restraints when imminent harm cannot be avoided.

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Bill Summary · HB 5514

Summary of HB 5514 (Michigan, 2025-2026) — Preventing Restraints in Youth Transport Act

This summary outlines the purpose, key provisions, affected parties, and procedural/timeline aspects of House Bill 5514 as introduced and as adopted in committee reports. The bill aims to regulate the use of restraints by youth transportation companies when transporting youths to certain residential treatment programs.

1) Purpose and Intent

  • Create a new statutory framework to prohibit or limit the use of restraints and visual deprivation devices by youth transportation companies when transporting youths to qualified residential treatment programs (QRTPs).
  • Establish prohibitions on certain restraint methods, specify exceptions where restraint use is allowed, set training and safety conditions, define time-of-day transport restrictions, and provide civil penalties for violations.
  • Enhance protections for youths during transport and clarify enforcement mechanisms and potential fiscal impacts.

2) Key Provisions and Changes

Definitions

  • Youth: Under 18, and certain young adults up to 21 years based on specific custody/residency circumstances (with exclusions for certain adjudications or placements). The bill clarifies who counts as a “youth” for purposes of transport to QRTPs.
  • Youth Transportation Company: A business that specializes in transporting a youth to a QRTP.
  • Youth Residential Treatment Program (QRTP): A broad category of facilities/programs that serve youths unrelated to the facility owners/operators and provide various residential treatments, including trauma-informed programs, treatment centers, educational/therapeutic settings, or facilities used as alternatives to incarceration, among others. Excludes hospitals and licensed foster family homes as defined.
    • The bill enumerates programs that qualify as QRTPs, including those meeting certain federal standards (e.g., 42 USC 672, 42 CFR part 441) and emphasizes trauma-informed approaches and family involvement.

Prohibited Restraints (with Exceptions)

  • Prohibits the following devices on youths final-destined for QRTPs:
    • Visual impairment devices: blindfolds, hoods.
    • Mechanical restraints: handcuffs, chains, irons, straitjackets, cloth/leather/plastic restraints, and similar items.
    • Physical restraints: holds or any use of physical force to restrict movement, unless:
    • There is a substantial likelihood of imminent serious physical harm to the youth or others, AND
    • There are no less restrictive alternatives available to mitigate the risk.
  • Exceptions: Physical restraints may only be used if both:
    • Staff are adequately trained in restraint device usage.
    • Restraints are necessary due to imminent serious harm and used only for as long as the risk persists.

Time Restrictions

  • A youth may not be picked up for transport to a QRTP between 9:00 p.m. and 6:00 a.m., although transport during those hours is not prohibited.

Training and Oversight

  • Allows restraint use only if staff have adequate training and the restraint is necessary to prevent imminent harm, with duration limited to the duration of the imminent risk.

Civil Penalties and Enforcement

  • Violations may result in civil fines of up to $1,000.
  • The case may be brought by the attorney general or county prosecutor.
  • Actions must be filed within 10 years after the violation occurred.

3) Who and What Would Be Affected

  • Youth Transportation Companies: Primary actors regulated by the bill; must alter transport protocols to avoid prohibited restraints and ensure compliance with training and time restrictions.
  • Youth Transported to QRTPs: Protected from certain restraints and manipulations during transport; the new rules govern the conditions under which restraints may be used.
  • QRTPs and Related Facilities: Entities that would be destinations for transport; impacts how youths are transported to these facilities.
  • DHHS and Local Governments: Potentially affected by enforcement and contract considerations with transportation providers; fiscal impact generally described as not significant.
  • Judiciary and Law Enforcement: Responsible for enforcing civil fines and handling any resulting disputes or caseload changes.

4) Procedural and Timeline Aspects

  • Status: As of the latest action history, HB 5514 was reported with substitution (H-1) and referred to second reading in April 2026, with earlier introductions in February 2026.
  • Effective Date: The text provided does not specify an effective date; typical enactment would be upon passage and signing, with regulatory implementations following.
  • Enforcement Window: Civil actions must be filed within 10 years after the violation.
  • FISCAL Impact (as analyzed by House Fiscal Agency):
    • Generally not a significant impact on DHHS or local governments.
    • Potential marginal costs for transportation providers to change restraint protocols.
    • Possible revenue effects from civil fines; portions allocated to public libraries and the Justice System Fund, with specific allocations noted.
    • Local court costs would depend on caseload changes; enforcement costs for AG and prosecutors could arise but would likely be covered by existing funding.

5) Notable Considerations

  • The bill aligns with federal references (42 USC 672; 42 CFR part 441) to determine QRTP qualifications.
  • It seeks to balance safety and risk management with the rights and welfare of youths during transportation.
  • It allows narrowly tailored exceptions for restraint use under clearly defined safety conditions and training requirements.

If you’d like, I can provide a side-by-side comparison with current Michigan law on youth transport or draft a quick briefing for policymakers and advocates.

Compiled from official sources — confirm details with the bill’s official record.

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