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HI HB449
Bill
Status
1/23/2023
Primary Sponsor
John Mizuno
Click for details
AI Summary
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Establishes legal definitions distinguishing "immediate harm" (active, present danger requiring instant intervention) from "imminent harm" (substantial risk of harm but not immediately occurring) for child protective custody decisions.
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Requires police officers who assume protective custody of a child to submit a written report documenting specific, articulable evidence of immediate harm within 24 hours or the next business day to the Department of Human Services.
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Mandates the Department of Human Services provide written "Notice of Parental Rights" to parents at initial face-to-face contact during investigations, including rights to refuse entry without warrant, decline interviews, have attorney present, record interviews, and review documents.
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Requires copies of the initial police report be provided to parents and attached to any subsequent court petition for removal, ensuring transparency in child removal decisions.
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Changes the standard for police removal from discretionary judgment to requirement that officer "observe and can articulate" immediate harm, narrowing grounds for removal without court order to only cases where no time exists to obtain one.
Legislative Description
Relating To Child Protection.
Department of Human Services
Last Action
The committee(s) on HUS recommend(s) that the measure be deferred.
2/9/2023