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Committee approves House Bill 805 package altering juvenile-records confidentiality and adding a child-location requirement
Summary
The Senate Health and Family Services Committee voted 7-0 to approve a committee substitute that incorporates language from a DJJ-related bill to narrow certain confidentiality waivers, adds a "Baby Maya" requirement for locating children, and makes technical changes to safety-plan language.
The Senate Health and Family Services Committee voted 7-0 to report favorably on a committee substitute that includes changes to juvenile records confidentiality tied to a prior Department of Juvenile Justice bill, a requirement sometimes called "Baby Maya's bill" to require the cabinet to physically locate a child within a specified period and to contact law enforcement if staff cannot locate the child, and other technical edits.
State Representative Nick Wilson introduced House Bill 805 and said part of the measure provides cleanup to House Bill 271 by adjusting statutory language (for example, changing the word "plaintiff" to "victim"). He also said the package incorporates a portion of legislation described as "Baby Maya's bill," which directs the cabinet to locate a child and to notify law enforcement if the child cannot be located and the family has a recent history of prior removals.
"I have House Bill 805 in front of you today. A big piece of it provides cleanup to House Bill 271 that we passed last year. Just changing some words in the definition portion, changing the word plaintiff to victim just to better fit what we were trying to do last year," Wilson said.
Committee members also heard changes tied to Senate Bill 111 concerning confidentiality of juvenile records. Committee language narrowed the scope of the presumed voluntary waiver of confidentiality in civil suits to information directly related to the confidential matter and clarified it should not be used simply to disparage a juvenile's character. The committee substitute also altered language so that a status offender who is absent without leave from a DJJ-operated facility "may be charged" rather than "shall be charged," according to the committee chair's summary of changes.
Senator Deneen asked whether the bill would keep records closed when juveniles transferred to circuit court are later tried in adult court. The chair responded the changes do not affect the public nature of adult circuit-court proceedings or jury trials.
The committee seconded and passed the committee substitute; the secretary called the roll and the chair announced the vote was 7-0 in favor. The chair said the measure should pass on the Senate floor.
Representative Wilson thanked the committee; no further amendments were offered in committee.
