HB 2323 Summary

• Prohibits courts from issuing temporary custody orders based solely on opinions from physicians or health care providers who perform evaluations for the Department of Child Safety (DCS) or who have not conducted physical examinations of the child.

• Prevents determinations of exigent circumstances for child custody from relying solely on opinions from DCS-affiliated physicians or health care providers who did not physically examine the child.

• Requires courts at preliminary protective hearings to consider opinions from physicians or health care providers obtained by the parent or guardian against whom abuse or neglect allegations are being made.

• Establishes new requirements for specialty medical evaluations including: DCS must refer children to board-certified physicians or health care providers who did not report the suspected abuse or neglect, and must provide advance notice to parents or guardians with opportunity to object or request alternative specialists.

• Allows parents, guardians, or their attorneys to obtain independent medical opinions at their own cost, which DCS must accept and consider.