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Committee backs Arsenault amendment to H657, narrows immunity for providers working with unaccompanied youth
Summary
The House Human Services Committee supported an Arsenault amendment to H657 that narrows an immunity clause for providers who rely on certification forms presented by unaccompanied youth and clarifies that designated runaway shelters are not exempt from a prohibition against taking or enticing a youth to commit criminal acts. Committee counsel read the amended language and members indicated support in a straw poll; the amendment will be offered on the House floor at third reading tomorrow.
The House Human Services Committee reviewed and indicated support for an amendment to H657 that tightens an immunity provision for entities providing services to unaccompanied youth and clarifies limits on a statutory shelter exemption.
Representative Melissa Arsenault told members the change seeks to "properly balance the need to provide protection to service providers" while preserving "recourse in the case of actual ... harm or damage," and that materials related to the amendment were posted online and emailed to members. She said the committee had previously heard testimony raising concerns that the immunity language as drafted might be too broad.
Katie McDonald of Legislative Council walked members through two instances of amendment. On the first, McDonald said the replacement language shifts from immunity tied to contracting to immunity for "any entity provider or health care professional who relies in good faith on a certification form presented by a person who claims to be a certified unaccompanied youth pursuant to this section shall be immune from liability for such reliance ... unless the entity provider or health care professional acted with gross negligence." McDonald said the change is intended to cover services that are not contracts, such as obtaining a driver's license or receiving health care, while limiting liability exceptions to cases of gross negligence.
On the second instance, McDonald explained the amendment addresses a provision dealing with runaway youth and statutory exemptions for certain shelter providers. She told the committee the amendment makes clear that exemptions apply to subdivisions B1 and B2, "but not that third one," and that "no one is ever exempt from the prohibitions in subdivision B3," which covers knowingly taking, enticing or harboring a runaway child with intent to commit a criminal act. McDonald noted the existing statute was written to apply to designated shelters under the federal Runaway and Homeless Youth Act and that the amendment aims to prevent an unintended blanket exemption for conduct covered by B3.
Members expressed general agreement in a show-of-hands straw poll after the presentation; the committee did not take a formal roll-call vote. Chair remarks and subsequent comments confirmed the amendment will be offered on the House floor at H657's third reading tomorrow. Committee materials referenced a submission from the organization Jubilee and committee counsel said the second-instance change resulted from discussions with the Office of the Child, Youth and Family Advocate.
The committee did not finalize a formal recorded vote during the meeting. Committee leadership reminded members they would reconvene at 9:00 a.m. the next day for further business.
