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AR SB13

Bill

Status

Introduced

12/13/2018

Primary Sponsor

Alan Clark

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Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • Refusal to submit to a non-court-ordered drug test and admission of past drug use are excluded from the definition of "neglect" under the Child Maltreatment Act.

  • The Department of Human Services may only drug test an alleged offender during child maltreatment investigations if the court orders it or the alleged offender provides written consent.

  • Refusal to consent to a voluntary drug test cannot alone justify removing a child from the alleged offender's custody, though other grounds for immediate threat to the child allow removal.

  • Failure to submit to a court-ordered drug test is sufficient basis for child removal.

  • Drug test results are inadmissible in court if the Department of Human Services fails to follow its testing administration policy.

  • Repeals the automatic admissibility of child maltreatment investigation reports in court proceedings.

  • Adds "true but exempted" determination for cases where the report was true only for neglect under the religious belief exemption.

Legislative Description

Concerning Drug Testing Under The Child Maltreatment Act; Concerning Child Maltreatment Investigation Reports; To Amend The Definition Of "neglect"; And To Amend The Law Concerning Investigative Determinations.

Last Action

Sine Die adjournment

4/24/2019

Committee Referrals

Judiciary1/14/2019

Full Bill Text

No bill text available