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Bill would let legislators review CPS drug-test results with parent permission, sponsor says
Summary
Sen. Dennis Lentz presented legislation (referred to in the hearing as SB 248) to clarify that drug-testing results in Child Protective Services case files would be available to legislators when a parent grants access; the agency said drug tests are part of the case file and would require parental permission.
Sen. Dennis Lentz told the House Human Services Committee that Senate Bill 248 would clarify access to Child Protective Services records by legislators when parents provide permission, specifically naming field and laboratory drug-test results as part of the record for review.
"One of the things that this will allow access to is drug testing results held by the department for testing conducted both in the field and in a laboratory," Lentz said, describing the measure as intended to help lawmakers evaluate whether test results were a valid driver of a removal.
Nikki Grossberg, division administrator for Child and Family Services, testified as an informational witness that drug tests are part of CPS case files and that legislators already must obtain parents' permission to review case records. In response to a committee question about privacy rules, she said: "Drug testing is part of our case file and so would be part, for available for legislators to review when they get parents' permission ... we will just need to inform the parent that they will also be reviewing their drug test as that's part of our case file."
Committee members asked whether HIPAA or other privacy laws limit access. Grossberg said the records would be shared only with parental consent and that the department would inform parents of the scope of material being shared.
Lentz said he has reviewed many CPS records with parental permission and that increased access to drug-test results could clarify whether field testing or laboratory testing drove removals in particular cases. Representative Gear volunteered to carry the bill in the House if it moves forward.
No committee vote was taken during the hearing.
