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HI HB449
Bill
Status
1/23/2023
Primary Sponsor
May Mizuno
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AI Summary
HB 449 Summary
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Establishes legal definitions for "immediate harm" (observable, present danger requiring instant intervention) and "protective custody warrant" to distinguish from "imminent harm" (substantial risk of harm but not immediate) in child protective cases.
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Requires police officers who assume protective custody of a child without a court order 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 parents with written "Notice of Parental Rights" at initial face-to-face contact during investigations, including rights to refuse entry without a warrant, decline to speak, have an attorney present, record interviews, and review documents before signing.
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Requires copies of the initial police report be provided to parents and attached to any subsequent court petition for foster care placement.
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Limits police authority to remove children without court order to situations where there is no time to obtain a warrant and the officer observes immediate harm, shifting from the previous 90-day "imminent harm" standard.
Legislative Description
Relating To Child Protection.
Department of Human Services
Last Action
Carried over to 2024 Regular Session.
12/11/2023