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Committee backs bill requiring booking officers to check on minor children of arrested persons

Criminal Justice Subcommittee · February 12, 2026
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Summary

PCS for HB 83 would require booking officers at county detention facilities to ask arrested persons whether they are guardians or parents and to make follow-up inquiries to determine if a minor child is at risk, with mandatory Department of Children and Families notification when a child appears in need. Reported favorably 15-0.

Representative Whitson introduced PCS for HB 83 to require booking officers at county detention facilities to ask arrested persons whether they are the guardian or parent of minor children and to pose follow-up questions to determine whether a child may be at risk or left alone. The bill would require contact with the Department of Children and Families if the officer knows or suspects the minor child needs supervision or care.

Public testimony stressed long-term harms when children are left after parental arrest. Paulette Pfeiffer ("Tinker Bell") recounted firsthand experience working with children left when parents are arrested and urged passage. Representative Gottlieb, speaking as a criminal-defense practitioner, raised a concern that asking such questions could implicate the arrestee or interact with existing privileges; he proposed working with the sponsor to craft protections (for example, an entitlement similar to accident‑report privilege) so parents are not dissuaded from reporting children at risk.

Representative Whitson closed acknowledging colleagues' concerns and thanking advocates; the committee recorded a roll-call vote of 15 yeas, 0 nays and showed the PCS reported favorably. Sponsor and members signaled willingness to refine language in later stops to address privilege concerns.

Next steps: Sponsor and counsel to discuss potential clarifying amendments addressing self‑incrimination concerns and uniform documentation practices with corrections and DCF.