The Pacific Justice Institute – Center for Public Policy (PJI-CCP) is continuing its mission to protect parental rights through the introduction of HB 340 in Alabama by Representative Kenneth Paschal (R-District 73) [pictured right]. The bill, called the “Department of Human Resources Transparency and Due Process Rights Notification Act,” aims to safeguard the rights of parents and legal guardians during child welfare investigations.
Child welfare investigations carry one of the most extreme consequences imposed by the state – the potential termination of the relationship between a parent and child – yet existing law provides few procedural safeguards. Numerous parents have reported feeling pressured – or even coerced - into unfavorable “agreements” due to social workers and investigators capitalizing on their lack of knowledge regarding their legal rights.
PJI-CCP worked with Rep. Paschal, DHR and other organizations and stakeholders on the bill’s language.
“The U.S. Supreme Court has continuously afforded parental rights the highest legal protection available, however, basic practical protections for families suddenly immersed in the complex child welfare system are inconsistent at best,” said Brad Dacus, President of PJI. “It is crucial to inform parents of their rights from the very start of a child welfare investigation in order to safeguard their parental rights.”
Specifically, the bill requires the following:
DHR to notify a parent or individual with legal custody that he or she is under investigation;
DHR to provide the parent or individual with legal custody with a written explanation of his or her due process rights, such as the right to review certain records, the right to retain counsel, and the right to seek an administrative review of investigation results; and
DHR to offer family preservation services before a child is removed from the home, with certain exceptions.
Additionally, under HB 340, DHR would be required to develop uniform rules and regulations concerning the notification requirements of the legislation and require DHR employees to undergo training.
The Alabama Federation of Republican Women and the Alabama Republican Party State Executive Committee have already passed resolutions in support of HB 340.
The bill is currently pending before the Alabama House Committee on Children and Senior Advocacy.
