House bill would require DHR to notify parents under investigation for child abuse, neglect

Yahoo

20-03-2025

Rep. Kenneth Paschal, R-Pelham, sits and listens to a public hearing on March 19, 2025, at the Alabama State House in Montgomery, Alabama. His bill, HB 340, requires the Department of Human Resources (DHR) to notify a guardian when and why they are being investigated, when it relates to child abuse and neglect. (Anna Barrett/Alabama Reflector)
A bill that would require the Alabama Department of Human Resources (DHR) to notify parents who are under investigation for child abuse or neglect drew strong support and opposition in a House committee meeting Wednesday from law enforcement and DHR.
HB 340, sponsored by Rep. Kenneth Paschal, R-Pelham, requires DHR to notify a guardian when and why they are being investigated when it relates to child abuse and neglect. It also allows the guardian to request records from the case.
'They'll have the right to be informed, the right to legal counsel, the right to allow the department into their home to speak with them, and also the right to not consent to the department to enter their home,' Paschal told the House Child and Senior Advocacy Committee Wednesday.
Paschal said the bill does not prevent DHR from removing a child who is in immediate danger.
The bill drew support from parents who alleged that their children were taken from their homes without reason, and opposition from DHR and law enforcement, who said it could compromise investigations of child abuse.
Rich Chansey, the district attorney for Russell County, told the committee about a case where a child was sexually abused by her stepfather. In one interview with the victim, Chansey said, she explicitly recalled what happened to her. In another interview, separated by time with her mother and stepfather, she said it was all a dream and never happened.
'The interviewer asked how she knew she dreamed it. She said that it was because mom and stepdad came together as a family and told her that stepdad would not do that and that these were horrible dreams this child was having,' he said. 'You all know there is no way that this child could dream such explicit dreams having not experienced those events herself.'
Huey Mack, executive director of the Alabama Sheriffs Association and a former Baldwin County sheriff, echoed Chansey. He said the bill could prevent justice for abused children.
'Timing and coordination are paramount in these cases,' he said. 'In its present form, the bill could impede criminal investigation by adding additional layers of potential suspect notification before a thorough and comprehensive review of an alleged criminal act can be conducted.'
Terri LaPoint, a mom and author of 'Voices That Will Not Be Silenced,' said it would prevent children wrongfully taken from their families from having unnecessary trauma.
'The result of Child Protective Services and DHR taking children is traumatic. The results can be lifelong, that separation from their families,' she said. 'HB 340 actually protects children from unnecessary trauma.'
Lisa Bise, a mom from Cullman County and former employee of Court Appointed Special Advocates, said kids can be removed from their homes for nothing.
'Yes, there are cases where children are abused and need to be taken. But there are also cases where children aren't abused and don't need to be taken,' she said.
Nancy Buckner, the commissioner of DHR, said that nearly 80% of reported abuse cases come from the hands of the child's parent or stepparent. She showed members of the committee photos of four children who had been abused by their parents. She said that the bill would create unnecessary loopholes that would lead to abused children not getting the care they need.
'One of those babies in the photos didn't make it,' she said. 'If I could save the life of one of these children by dealing with DHR, law enforcement and the court system, it would be worth it.'
She said a lot of cases do not get reported.
'Just because there isn't an indicated report doesn't mean it didn't happen,' Buckner said.
Lynn Bius, state executive director of the Alabama Network of Children Advocacy Centers, said that, nationally, 90% of offenders are caretakers. Bius said the legislation will make it harder to remove children from abusive homes and give law enforcement and DHR unnecessary obstacles.
'We know that the legal system is behind, and stays behind,' Bius said. 'You'd be leaving children in these homes where perpetrators know exactly what they've said.'
Dee Prince, a grandmother from Shelby County, said her grandchildren were wrongfully taken from her care and were physically and sexually abused in their respective foster homes.
'They were not abused in my home, in my care,' she said.
After the public hearing, Paschal gave his contact information to all of the speakers saying that he wanted to sit down with all of them to make the legislation better.
The committee did not vote on the bill Wednesday. Rep. Ginny Shaver, R-Leesburg, did not say when the committee might take the legislation up again.