Committee carries over bill that would give DSS attorneys sole discretion in litigation decisions

A legislative committee voted to carry over House Bill 3502 after agency representatives said the proposal would give the attorney assigned to a case "sole discretion" to decide whether to pursue, settle or appeal litigation involving the Department of Social Services.

DSS representatives told the committee the bill as filed would not be limited to child abuse and neglect cases but would apply to any lawsuit involving the agency, including tort and contract litigation. "The attorney acting as a legal representative . . . shall have sole discretion on behalf of the department over any decision regarding the pursuit settlement or appeal of a pending action," the agency representative summarized, reading from the bill language.

Committee members pressed the agency on what problem the bill is intended to solve and whether statutes already prioritize child safety. A DSS lawyer noted that statutory provisions already state the welfare and safety of the child is the primary goal and pointed to several code references that require DSS to file petitions in particular circumstances. "The law requires us to file a petition in many cases," the representative said, adding that the proposed sole-authority language could create a conflict with those filing mandates.

Agency staff also warned of practical impacts on frontline workers. A staff member who said they spoke from a case-manager perspective told the committee that case managers "know these families" and that removing their voice in decisionmaking could hurt recruitment, retention and continuity of cases. DSS representatives gave caseload figures, saying case managers typically carry between 11 and 18 cases, with a median around 11–12.

Lawmakers also asked whether smaller counties that rely on contract attorneys could find those outside lawyers becoming the single decisionmaker under the bill; DSS confirmed contract counsel would be included under the draft language. Committee members said they found no testimony recorded in the House subcommittee explaining why the bill was needed and asked staff to consult sponsors and prior hearing records.

Following those exchanges, a legislator moved to carry the bill over to allow staff to gather more information; the motion was seconded and the committee agreed to carry the measure over.

The action leaves House Bill 3502 pending while lawmakers seek clarification on scope, statutory conflicts and the potential operational effects on DSS staff and county practices.