Committee approves amendment letting human-service zones seek temporary custody for children with severe behavioral diagnoses

The House Human Services Committee adopted an amendment to House Bill 1556 on a voice vote and later voted to give the bill a "do pass" recommendation after considering testimony from the Department of Health and Human Services and the bill sponsor.

The change expands the statutory definition of a “child in need of protection” to include any child who (1) has a licensed diagnosis of a severe mental-health or behavioral disorder from a licensed child psychologist or psychiatrist; (2) has committed an act of violent or similarly dangerous behavior that, if committed by an adult, would be a crime under state law; and (3) whose parent is unable to provide proper care and has a reasonable fear for the safety of other household members. The amendment applies these practices to cases described by Representative Greg Steeman and ties the procedure to the court process already established under chapter 27-20.3.

Jonathan Alm, attorney with the Department of Health and Human Services, told the committee the amendment "removes the label that a family did not provide proper parental care or control" when the family seeks assistance under the newly defined circumstances, while preserving the court's ability to find abuse or neglect when facts support that finding. Alm said the amendment "still allows for the preservation of the family unit, for the human-service owner to take custody of the child based on a court order, to offer and to provide treatment and the option to still terminate parental rights if required or necessary." Representative Greg Steeman, who introduced the amendments, said he was "very grateful" HHS and other stakeholders worked with him to find common ground after earlier opposition testimony.

Under the amendment, a court may order the disposition best suited to protect the child or family, including temporary transfer of custody to a human-service zone so the child can receive treatment funded by available state and federal resources. Committee members clarified that the criteria in the amended definition are joined by "and," meaning all listed elements must be present before the provision applies. Alm told lawmakers the process still proceeds through the juvenile court, which will weigh the evidence before ordering custody or other measures. He also noted that existing provisions in chapter 27-20.3 allow a parent to consent to termination of parental rights and that termination remains a possible outcome later in the process if statutory thresholds are reached (for example, petitions after extended foster placements).

Committee members asked whether the change applies only to adopted children; Alm said the amendment deliberately broadens the coverage to any child, not only adopted children. Multiple legislators pressed staff on how evidence of violent acts would be documented; Alm said courts will evaluate the factual record presented, and human-service zones typically assemble the facts for the court. Representatives also discussed alternatives — including step‑parent adoption routes or voluntary treatment programs referenced in statute — and were told by HHS that those remain options and that the amendment does not force immediate termination of parental rights.

The committee first approved the amendments after Representative Rohrer moved them and Representative Dobrevitch seconded. The committee later voted 13–0 on a motion to recommend a "do pass" on House Bill 1556 as amended. Representative Rohrer agreed to carry the bill to the floor provided HHS submits the committee testimony record.

What happens next: the committee-recorded amendment and the department testimony will be filed; Representative Rohrer is listed as the bill carrier for floor action.