House passes Child Welfare Reform Act to raise evidentiary standards and expand legal representation

Representative Hayman, sponsor of substitute H.B. 265, framed the bill as a comprehensive overhaul of how the state handles children at risk, emphasizing timelines for permanency, due process protections, and supports for kinship and foster placements. "This bill is one of the great lightning rods in our society," Hayman said, outlining steps from initial reports and shelter hearings through dispositional and permanency decisions.

Sponsors described the evidentiary framework the bill sets: substantial cause to remove a child from a home, preponderance of evidence at the shelter hearing, and clear and convincing evidence at the dispositional/adjudication hearing. "This bill makes a significant turn in the process," Hayman said, adding that the measure requires greater proof before a child is kept outside the home and gives parents and children clearer rights to counsel.

The substitute also sets funding and structural changes: sponsors said the bill provides funding for a Guardian ad Litem program, adds four juvenile judges and provides for additional legal counsel for the Division of Family Services (DFS) to ensure staff actions align with legal standards. Supporters recounted cases they said illustrate the need for clearer procedures and legal safeguards in the child‑welfare system.

Lawmakers pressed sponsors about standards of proof, the ability of the Attorney General's Office to contract with local county attorneys, and implementation details. Sponsors said the Attorney General and DFS supported the bill and that the bill allows contracting with county attorneys as appropriate.

The House adopted substitute H.B. 265; the clerk recorded the vote as 72 affirmative and 2 negative. The bill was referred to the Senate for further consideration.