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Senate pauses child-protection bill on meth-lab language, seeks clarifying intent
Summary
Lawmakers voted to "circle" First Substitute House Bill 219 after senators raised concerns about changing the standard from "present" to "reside/residing" in the definition of child neglect where clandestine drug laboratories operate. The Senate directed legislative research to draft intent language clarifying residency.
Senators on Feb. 9 paused further floor action on First Substitute House Bill 219, a child-protection measure that would expand the definition of child neglect to include circumstances in which a child "resides" in a home with an active clandestine drug laboratory.
Sponsor Senator Maine summarized the change as adding to the definition of child neglect when a child is being raised in the same home where an active drug lab is in operation. He told colleagues that the House changed the word "present" to "reside," explaining that "there could be situations where there's sleepovers where other children are at that home, and that wouldn't be counted when the other parents didn't know that there was a meth lab in operation." Maine said the change is meant to cover "strictly the child that resides in a home whose parents know and are involved in an illegal clandestine laboratory operation." (Senator Maine)
Several senators raised concerns about the term "reside". Senator Hilliard said "residing in that issue is not divine defined" and likened the concept to alimony law, in which courts have required some permanence for "residing" to apply. Senators questioned whether transient or visiting children would be covered and whether the change might unintentionally limit the state's ability to remove children found in dangerous conditions when the children's familial residence is transitory.
The floor recommended creating a recorded legislative intent and directed Legislative Research and General Counsel to draft clarifying language that would make the intended scope of "reside" clear and defensible in court. Senator Maine moved to "circle" the bill (hold it for further work), and the Senate voted in favor of the motion.
Why it matters: The definition of "reside" affects which children are included under neglect provisions when clandestine laboratories operate in homes; the floor debate emphasized potential legal challenges and the need for a clear record for courts reviewing custody or neglect determinations.
Next steps: The Senate circled HB 219 and asked legislative staff to draft intent language and work with interested senators; the measure will be revisited when clarifying language and counsel recommendations are available.
