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ID H0170

Bill

Status

Engrossed

2/28/2019

Primary Sponsor

State Affairs Committee

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Requires the Idaho Department of Health and Welfare to notify parents or guardians in writing upon first in-person contact during child abuse, neglect, or abandonment investigations of their right to remain silent, consult with an attorney, and have an attorney present during questioning.

  • Mandates written notification that parents or guardians have the right to refuse entry to their home without a court-issued warrant and may refuse questioning of minor children on their property without a warrant.

  • Allows parents or guardians to waive these rights only if the waiver is made voluntarily, knowingly, and intelligently, and prohibits questioning if they request an attorney at any stage or indicate they do not wish to be questioned.

  • Specifies the exact form and language that must be used for written notifications, including a statement that the investigation is not a criminal investigation and listing all four rights.

  • Permits individuals who have waived rights to inform the department at any time during the investigation of their desire to exercise their rights.

Legislative Description

Adds to existing law to require a notification of rights to parents or other concerned persons during an investigation of child abuse, neglect, or abandonment.

CHILD PROTECTION

Last Action

Introduced, read first time; referred to: Judiciary & Rules

3/1/2019

Committee Referrals

Judiciary and Rules3/1/2019
Judiciary, Rules and Administration2/18/2019

Full Bill Text

No bill text available