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Bill on reunification raises procedural and constitutional concerns from department officials
Summary
LD 11 08 would add random drug screening, unscheduled home visits and procedural requirements to reunification plans; OCFS said many provisions are already in practice and objected to statutory timing limits that could hinder case‑by‑case decisions.
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Representative Abigail Griffin presented LD 11 08, a bill intended to strengthen procedures for reunifying children in state custody with parents, particularly when substance use disorder has been a factor. The bill would require random drug screenings as part of rehabilitation plans, mandate unscheduled home visits, schedule meetings to maximize parental attendance, and create a statutory prohibition against returning custody earlier than six months after removal.
Griffin framed the proposal as child‑centered and emphasized the need to reduce harm caused by frequent caregiver changes and to ensure stable reunification for children. She cited resource parents' concerns about reactive attachment disorder and argued for measured steps that give parents time to sustain recovery before reunification.
The Department of Health and Human Services' Office of Child and Family Services testified in opposition to specific provisions and to statutory timing constraints. Director Bobbie Johnson told the committee that OCFS already uses random drug screening when substance use is a risk factor and schedules family team meetings at practicable times for parents. OCFS said unscheduled home visits are used in some cases but that making unscheduled visits a universal statutory requirement would impede case planning and the collaborative approach OCFS uses with families. Most importantly, OCFS warned that a statutory prohibition on reunification for six months could conflict with existing court oversight and parental rights: a court could find that safety concerns have been resolved earlier and reunification would be appropriate, and a blanket six‑month barrier could raise constitutional concerns.
Committee members asked about current OCFS practices; department staff said random drug screening, scheduling meetings and unannounced visits are already part of casework in some cases but must remain flexible to respond to individual facts. OCFS offered to work with the sponsor at the work session to refine language that addresses concerns raised by resource parents while preserving necessary caseworker and judicial discretion. The public hearing closed with no committee action taken.
