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Some lawmakers warn expedited safety checks could raise constitutional concerns
Summary
Opponents of House Bill 776 raised Fourth and Fourteenth Amendment concerns, saying the measure risks preemptive government action; supporters said the bill is narrow, focuses on documented risk and does not create new removal authority.
During debate over House Bill 776, Representative Levitt argued the bill "comes down to a fundamental aspect of our constitution," citing the Fourth and Fourteenth Amendments and comparing parts of the proposal to red-flag statutes. Levitt said he had "serious concerns and reservations" that the bill could expand government authority in ways that harm civil liberties.
Other representatives pushed back, saying the bill simply elevates the Department of Health and Welfare's priority for cases where prior terminations, convictions for child injury, or prenatal substance exposure are already documented. Representative Egbert, who supported the motion, said the legislature regularly considers prior conduct in adjudications and framed this change as consistent with existing legal practice. The committee ultimately sent the bill to the floor 12–4.
