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Sponsor seeks clearer affidavits in child-protection cases; state agency warns of practical limits
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Summary
Senate Bill 231 would require DPHHS affidavits in dependency/neglect proceedings to include up-to-date disposition information for any referenced criminal cases; the department said filing timing makes that standard impractical and existing discovery/court processes address inaccuracies. Committee discussion focused on drafting trade-offs.
Senator Daniel Emmerich opened the hearing on Senate Bill 231, which would require the Department of Public Health and Human Services to include verified, up-to-date disposition information in affidavits used in child-abuse and neglect proceedings when criminal cases are referenced.
Emmerich said the change is meant to prevent inaccurate reliance on prior allegations when those matters have been resolved differently, and to give judges the most accurate picture when making removal decisions. "This affidavit is what they use to state their reasons for removal," he told the committee, noting instances where prior allegations had later been proven inaccurate.
Nikki Grossberg, division administrator for Child and Family Services at DPHHS, opposed the bill as drafted. Grossberg said DPHHS cannot control when an affidavit is filed and that facts may change between report drafting and filing; she explained that discovery and in-court testimony are the appropriate mechanisms to reconcile changes, and that requiring the affidavit to be "up to date" at filing would not remedy the underlying issue.
Committee members questioned why earlier draft language requiring that contradictory or exculpatory information be included was removed; the sponsor said he simplified the bill after pushback but supported the committee’s option to amend language that would require indication of contradictory information when available. The discussion centered on balancing the value of including known dispositions with the administrative burden and timing constraints of filings.
Senator Emmerich closed by urging clarity and saying the bill drafter simplified the approach to avoid overburdening the affidavit process; the committee took testimony and did not vote during the hearing.
