Committee pulls SB90 after judges warn bill would limit information judges need for visitation decisions

The Judiciary Committee paused action on SB90 after judges and court staff asked for more stakeholder discussion. Brian Welch, executive director of the Arkansas Parent Council Commission, said the bill would let parents stipulate that probable cause existed at removal and would prevent additional testimony about the allegations from entering the record, limiting lengthy pre-adjudication hearings and unchecked hearsay.

Welch told the committee these hearings have "turned into 3 hour pre adjudication hearings" and lack rules of evidence, leaving attorneys "powerless to stop any kind of hearsay or inaccurate information from coming in." He said the change would not prevent courts from handling background items such as ICWA, indigency or services but would preserve parents— strategic option to avoid unduly prejudicial testimony at the preliminary stage.

Jennifer Croin, juvenile division director with the Administrative Office of the Courts, said juvenile judges met by conference call and "do oppose this bill as written." She told senators judges worry that if all parties stipulate and the court accepts that stipulation, "there is absolutely no information available to the judge to decide what sort of visitation is appropriate." The judges asked that the bill not be run and that discussions continue with stakeholders.

Committee members asked whether judges already have responsibility to disregard inadmissible evidence and whether inconsistencies in timing and counsel appointment were driving the problem. Senator Clark said, in deference to judges, he would pull the bill to allow continued talks and fuller airing of the issues, noting the Fifth Amendment and potential effects on co-defendants had been raised in committee.

The committee did not vote on SB90 and left the bill available for further discussion at later meetings.