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Panel hears proposal to allow legislators access to CPS drug tests with parental permission
Summary
Sen. Dennis Lenz told the committee SB 248 would let legislators review drug testing results in Child Protective Services files if parents consent; the agency said drug tests are part of the case file and that parents must be informed that tests are included.
Sen. Dennis Lenz opened a hearing on Senate Bill 248, saying the proposal would permit legislators to review drug testing results — both field and laboratory — in Child Protective Services case files when parents give permission.
Nikki Grossberg, Division Administrator for Child and Family Services, appeared as an informational witness and said drug testing is part of the CPS case file and therefore available to legislators when parents grant access. She told the committee that parents should be specifically informed that drug‑test results are included in any file review.
Representatives raised privacy and HIPAA concerns. Representative Close asked whether the addition would create HIPAA issues; Grossberg told the committee that drug tests are case file material and that legislators seeking access must obtain parental permission. Representative Weber asked whether tests for both children and adults would be accessible; Grossberg said the legislator would be able to see tests for parents and children because all drug tests are part of the case record.
Senator Lenz reiterated that access to testing could help clarify whether drug testing was a valid driver of removal in particular cases. The committee did not take immediate action; members discussed finding a carrier if the bill moves forward.
