Bills › 88th General Assembly
Relating to procedures for child abuse investigations by the department of human services
Where it is now
- Done: IntroducedFebruary 13, 2019
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill adds a notice component to department of human services (DHS) child abuse investigations. The bill requires a DHS child protection worker to provide written notice to a person responsible for the care of the child, meaning a parent, guardian, foster parent, or relative or any other person with whom the child resides and who assumes care or supervision of the child when DHS conducts an initial face-to-face contact with that person. The bill also requires DHS to provide oral notice to a person responsible for the care of the child when DHS conducts an initial contact telephonically.
Read the full explanation
If a DHS child protection worker has a face-to-face contact with the person responsible for the care of the child after an initial telephone contact, the DHS worker must provide written notice at the first initial face-to-face contact as well. The notice must provide that the person responsible for the care of the child is not required to allow the DHS child protection worker into the residence, is not required to speak to the DHS child protection worker, is entitled to seek representation of an attorney, and is not required to sign any document presented by the DHS child protection worker. The notice must also provide that any statement made by the person responsible for the care of the child or other family member may be used against the person, that the DHS child protection worker is not an attorney and cannot provide legal advice, and that the person’s failure to communicate with the child protection worker may have serious consequences. The bill requires DHS to make reasonable efforts to provide the notice in a manner which the person responsible for the care of the child can understand. The written notice for face-to-face contacts must be signed and dated. The bill provides that any statement made by the person responsible for the care of the child, or by a child who is a family member of that person, is inadmissible in any administrative or court proceeding prior to the provision of the written notice. Additionally, any statement made by the person responsible for the care of the child is inadmissible in any administrative or court proceeding prior to provision of oral notice when an initial contact was conducted telephonically.