Committee adopts amendment to SB 736A clarifying parental immunity and requiring DHS brochure disclosure

The House Committee on Early Childhood and Human Services on May 22 adopted an amendment to Senate Bill 736A that clarifies parents are not to be treated as perpetrators under the statute governing abuse of a child in care and requires the Department of Human Services (DHS) to include a written disclosure in materials provided to parents stating that a DHS representative "is not an attorney and cannot provide legal advice."

The amendment (dash A6) removes a prior requirement that DHS provide specified written notice before the first face-to-face meeting in a child abuse investigation, but retains Section 1 clarifying that a parent is not considered the accused under the abuse-in-care definition. The committee recorded that the amendment declares an emergency and that the Legislative Fiscal Office lists no revenue impact and a minimal fiscal impact.

Sen. Sarah Gelser Bluhin, who spoke to the committee about the amendment, said the retained language was the central goal: "The primary thing that we need is to pass the part in the in section 1, which is retained in this amendment that makes it clear that a parent is never, investigated under the definition of abuse for a child in care."

Taylor, the committee staff member who summarized the bill, told members that the amendment also requires DHS to add a disclosure to written materials provided to parents: "the department shall include a disclosure that the representative of the department is not an attorney and cannot provide legal advice to the parent or guardian." That disclosure replaces an earlier requirement that staff provide written notice before the first face-to-face interview.

Sen. Gelser Bluhin described outreach with district attorneys and with youth-rights advocates, saying DAs raised concerns about co-occurring law enforcement investigations and that stakeholders plan to work together to revise the brochure language to avoid misleading families. Committee members and legislative counsel said that the amendment was intended to spur a collaborative process among DHS, district attorneys, and advocates to rewrite the pamphlet and that the brochure will be reprinted to include the disclosure.

Vice Chair Walters moved to adopt the dash A6 amendment; the motion passed on a roll call. Walters then moved SB 736A, as amended, to the floor with a due-pass recommendation; the committee passed that motion and appointed Chair Hartman to carry the bill to the floor. Committee members noted the intent to follow up with a work group to clarify procedures where DHS and law enforcement investigations overlap and to involve district attorneys and youth-justice advocates in brochure revisions.

The committee did not adopt any additional statutory changes during the work session. The amendment and the committee's action were recorded as emergency and effective on passage.

Ending: The committee closed the SB 736A work session after adopting the amendment and forwarding the bill to the floor; members said they expect continued interagency and stakeholder work on brochure language and on clarifying procedures when DHS and law enforcement investigations run concurrently.