Bill

Bill > HB2999


OR HB2999

OR HB2999
Relating to warrants requirements in child abuse investigations.


summary

Introduced
01/13/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead
06/27/2025

Introduced Session

2025 Legislative Measures

Bill Summary

The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act expands some rights of a person who is the subject of a child abuse inquiry and requires DHS to provide the person with notice of the person’s rights. (Flesch Readability Score: 60.7). Requires that the Department of Human Services provide a person suspected of abusing a child with a notice of rights before interviewing or searching the person in a child abuse investigation. Prohibits the department from entering a person’s private property during the course of a child abuse investigation without the person’s permission, a warrant or exigent circumstances. Prohibits the department, an administrative law judge or a juvenile court judge from making negative inferences when the subject of an abuse investigation refuses to answer questions or con- sent to a search.

AI Summary

This bill strengthens procedural protections for individuals under investigation by the Department of Human Services (DHS) in child abuse cases by establishing clear rights and warrant requirements. The legislation mandates that before interviewing or searching a person suspected of child abuse, DHS must provide a comprehensive written notice of rights, which includes informing the individual that their statements could be used against them in administrative or court proceedings, they have the right to an attorney, can decline to answer questions, refuse property searches without a warrant, and withhold medical record consent. The bill prohibits DHS from entering private property without either explicit consent, a search warrant, or evidence of imminent threat to a child's safety. Furthermore, the bill outlines detailed requirements for obtaining search warrants, including specific documentation, justification, and time limitations, and critically, it prevents DHS, administrative law judges, and juvenile court judges from drawing negative inferences if a person refuses to answer questions or consent to a search. These provisions aim to protect the due process rights of individuals under investigation while maintaining the ability of child welfare authorities to investigate potential abuse cases, applying to interviews and searches conducted on or after the bill's effective date.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

In committee upon adjournment. (on 06/27/2025)

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