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Committee reviews amendment clarifying access to child-victim records, counsel attendance and recordings
Summary
Members discussed an amendment to clarify when parents or legal custodians may access child-victim records, limits tied to criminal investigations, redaction authority, attendance by legal counsel, and recording safeguards; a subcommittee was appointed for further work and no final vote was taken.
At a meeting of the Children and Senior Advocacy Committee, members debated an amendment intended to clarify who may access records in investigations involving child victims and how legal counsel and recording of interviews should be handled.
The amendment would affirm that parents or legal custodians generally may access records but carve out exceptions tied to active criminal investigations and permit DHR to redact sensitive material. Committee members pressed for clearer language to ensure that allowing counsel to attend interviews would not become a tool to delay DHR’s timelines. "The priority number 1 is the welfare of the child," Speaker 1 said, emphasizing that the amendment should not give parents or their attorneys leverage to prolong case processing.
Committee members raised several specific concerns. One member asked whether a child already removed from the household — and represented by a guardian ad litem or other court-appointed representative — would be afforded the same opportunity for counsel to attend communications and interviews. Another asked how the committee should resolve an ambiguous sentence that appears to make attendance contingent on the availability of the individual’s counsel, which could allow repeated scheduling delays. Staff said the committee would ask the Legislature Services Agency (LSA) to rework that language.
The proposal also addresses recording interviews. A juvenile judge had expressed concern about parents recording interactions with DHR in ways that could stress the child. The amendment, as discussed, would allow DHR to record to preserve the integrity of an interaction when a parent or new custodian is not available, but committee members stressed recordings should be done discreetly to avoid additional stress on the child.
Members noted the bill is modeled on a Texas law passed in 2023; the committee said it will contact Texas officials and relevant agencies there to learn from their implementation. No final vote on the amendment occurred during the meeting.
To continue drafting and to address the wording and operational questions raised, the committee chair appointed a subcommittee and named Representative Wadsworth as its chair, with Representatives Drummond, Raine, Moore and Ross as members. Committee leaders said they will reconvene that subcommittee to refine the measure before the committee proceeds to a vote.
The committee adjourned after the appointment and further scheduling plans for the subcommittee.
