Committee approves "Ridge's Law" to require second-opinion option in suspected child-abuse medical cases

Senator Perez presented LC520821S, a measure modeled on a Texas "second chance" law that the committee approved after public testimony from parents and attorneys who described lengthy separations and difficult court fights following suspected child-abuse determinations.

The bill would require physicians who place a child into temporary protective custody on suspicion of abuse to advise the parent, guardian or legal custodian of the right to obtain an independent medical evaluation or specialty consultation. It requires disclosure of the medical basis for the suspected abuse determination, defines the relevant specialty consultation to include pediatric specialties (including child-abuse pediatrics), and permits an independent evaluation at the parent's expense unless prohibited by court order. The bill also calls for cooperation by child-welfare agencies, law enforcement and medical professionals to facilitate such evaluations and includes a provision preventing delay of adjudication hearings when dependency cases are initiated.

Why it matters: Supporters said the measure addresses cases in which medical reviewers did not consult prior medical records or obtain outside expertise before a report that led to removal from the home. Testimonials to the committee described families who spent months or years separated from children before a later medical review or expert testimony showed a different medical cause.

Senator Perez framed the bill with a constituent case in which an infant, Ridge, was removed from the home for 15 months while medical and legal proceedings took place. Perez said the child's original treating team did not review prior birth records and the family later obtained outside medical opinions that supported returning the child home. "This is the second chance law," Perez said, adding that the purpose is to ensure families can obtain an independent review when there are serious medical questions.

Multiple parents described long, traumatic experiences. Bailey Collins, identified as Ridge's mother, told the committee her son was taken when he was 11 months old and that it took a year to prove innocence in juvenile court; she said the family spent more than $100,000 on experts and attorneys. "Had this law been in place, the child abuse pediatrician would not have been able to get on the stand in juvenile court and testify that she did not review any of his medical history or birth records," Collins said.

Kelly Holczyk Lopez told the committee she and her husband were wrongly accused and separated from their three children for 20 months; she said it took five years in court to clear the family's name. Attorney Dorese Good, who represents parents in abuse/neglect cases, testified that defense lawyers often cannot obtain physical access to a child quickly and that delays can extend family separation for months or years.

During debate, the bill's authors and sponsors added language to ensure the specialty consultation definition specifically includes child-abuse pediatrics and deliberately left the independent medical-evaluation term undefined to allow out-of-state expertise when necessary. Senator Hatchett offered and the committee approved an amendment to add a naming provision: the act "shall be known as Ridge's Law." The amendment was seconded and passed with no recorded opposition.

Committee action and outcome: The committee approved LC520821S as amended (including the Ridge's Law name provision) on a motion to pass; the motion was seconded and the committee recorded no opposition.

The bill's supporters provided committee members with copies of agency rules and guidance they said the Division of Family and Children Services (DFCS) has issued; Senator Perez referenced regulatory language that had been developed to implement aspects of this approach. The committee did not record opposing votes during the session.