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House debates standard requiring warrant before DCFS removes child except in immediate danger
Summary
Rep. Thomas Hatch sponsored H.B. 295 to require a warrant before the Division of Child and Family Services removes a minor unless there is an immediate, substantial threat to safety; sponsors and opponents debated amendments that would clarify emergency exceptions and the bill's relation to existing statute, with litigation risk noted by some members.
Representative Thomas Hatch presented House Bill 295 seeking to require a warrant before DCFS may remove a child from a home unless there is a substantial immediate threat to the minor's health or safety or no services are available to eliminate the need for removal. The bill would also bar removals based solely on parental poverty, mental illness or educational neglect.
Hatch told the House he had worked with the Attorney General's office and DCFS and that both supported the bill; floor debate focused on an amendment to list specific circumstances that would permit removal without a warrant and whether that language matched existing statutory section 78-3-8301. A member warned that narrowing or changing the statutory factors could invite litigation; another member said the bill clarifies when a caseworker must obtain a warrant and provides guidance that would help both children and families.
Members proposed and discussed friendly amendments, including adding "medical" to the list alongside educational neglect in relevant lines. The sponsor said the bill includes a budget allocation of $150,000 for implementation (from the current budget), and multiple representatives urged caution given past litigation connected to removal practices.
The transcript records summations and votes being opened on the bill during the floor session, but the provided segments do not include a final recorded roll-call outcome for H.B. 295.
