Committee prints RS 32074C1 after extended discussion on removing alleged abusers versus children

Representative Barbara Ehart presented RS 32074C1 to the House Judiciary and Rules Administration Committee as a rewrite intended to clarify when children may be removed from a home and to encourage preserving placements with family where safe.

Ehart said the bill replaces the term "Protective Orders" with "Order to Prevent Removal" and deletes language that had created conflict with judicial obligations, aiming to make clear who can remove children and under what circumstances. She emphasized the intent of keeping children with family when appropriate and removing the offending parent when possible so children do not enter foster care unnecessarily.

Representative Mathias questioned two sections on page 6 that the sponsor proposed to strike, noting concerns those sections related to law enforcement's ability to remove alleged offenders from homes without a court order. Mathias expressed a substantive concern that striking those provisions could result in focus on removing children rather than alleged abusers, and he asked why removal authority would be limited. The sponsor said police retain the ability to remove a child in cases of imminent danger and that the rewritten language clarifies roles; she said further technical questions would be best answered at a hearing with Judge Ellis and staff.

Another committee member said, "I will not vote against printing this, but I have a very real concern," and indicated they would support printing only if it is made clear the intent is to remove abusers, not victims. The committee invited Jason Spellman and Judge Ellis to provide technical assistance at a hearing to address those concerns.

Representative Heather Scott moved to introduce RS 32074C1; the motion carried unanimously. The RS was printed and placed on the committee calendar for hearing, where technical testimony and redrafting are expected.