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House committee advances bill to recognize parents after post-adoption deaths; sponsor to consider floor amendment

2308140 · February 13, 2025
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Summary

House Bill 164, introduced by Representative Wesley, passed out of the House Standing Committee on Families and Children on a 16-0 vote after the panel approved a committee substitute.

House Bill 164, introduced by Representative Wesley, passed out of the House Standing Committee on Families and Children on a 16-0 vote after the panel approved a committee substitute.

The committee substitute, described by the chair as an "honorary" bill, was adopted in committee and the larger bill then passed 16-0. Representative Pollock made the motion to report House Bill 164 as amended; Vice Chair Wilson seconded the motion.

The bill was brought to the committee by Representative Wesley, who asked Caitlin Rollins to describe her family’s experience. Rollins said she and her husband began fostering about four years ago and later adopted a child in July 2023. She described a subsequent placement of a biologically related infant who later suffered a severe anoxic brain injury and died on May 30, 2024, after 27 months on life support. Rollins told the committee that when the child died she and her husband faced uncertainty about whether they could be legally recognized as parents on the child’s records. "We believe that all children deserve parents in life and death," Rollins said.

Wesley said the committee substitute aims to address that uncertainty. In the committee’s summary discussion the substitute was characterized as "honorary" and committee members and supporters described its intent as providing closure to families in similar situations and ensuring parents who had acted as parents could be legally recognized on records. Representative Dietz asked whether the bill’s conditions would require all four listed items to be met and raised concern that timing or availability of a guardian ad litem report could inadvertently block some cases. Committee members suggested a house-floor amendment could clarify that point; Chair Hevrin asked Representative Dietz to work with Representative Wesley on language for the floor.

The roll call recorded 16 votes in favor and none opposed. The committee’s formal action was to report the bill favorably to the full House with the committee substitute in place. No statutory citations or specific benefit-eligibility changes were identified in the committee record; sponsors and supporters described the bill principally as resolving documentary and recognition issues for families who have adopted or were in the process of adopting a child who died before finalization.

Representative Wesley and Representative Dietz indicated they will work on a floor amendment to address the concern about whether all listed conditions must be met in every case. The committee recommended the bill for favorable passage to the House floor.

House Bill 164 now moves to the full House for further consideration and possible amendment at the house-floor stage.