Lawyers and service providers press prevention, argue courts still remove when imminent harm shown

At the Dec. 17 meeting the board heard a detailed presentation from Annie Chung, director of legal services at Legal Counsel for Youth & Children (LCYC), on House Bill 12/27 (Keeping Families Together) and Senate Bill 6109 (fentanyl guidance).

Chung explained that HB 12/27 changed the initial removal standard from "serious threat of substantial harm" to "imminent physical harm," and added an express requirement for courts to weigh the harm of removal against the harm of leaving a child in the home. "It changed the standard of removal from serious threat of substantial harm to imminent physical harm," Chung said, and she emphasized that the statute requires a causal connection between home conditions and child safety before a court may order removal. She also noted statutory changes that shifted burdens around relatives and placements.

Chung told the board that LCYC’s work shows courts have removed children when petitions present evidence of imminent physical harm. She said many critical incidents highlighted in recent reports never made it…