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HI HB449

Bill

Status

Introduced

1/23/2023

Primary Sponsor

May Mizuno

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

HB 449 Summary

  • 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.

  • 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.

  • 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.

  • Requires copies of the initial police report be provided to parents and attached to any subsequent court petition for foster care placement.

  • 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

Committee Referrals

Human Services1/25/2023

Full Bill Text

No bill text available