HB340INTRODUCED
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HB340
IUYDZW6-1
By Representative Paschal
RFD: Children and Senior Advocacy
First Read: 25-Feb-25
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5 IUYDZW6-1 02/25/2025 GP (L)lg 2024-2368
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First Read: 25-Feb-25
SYNOPSIS:
Existing law authorizes the State Department of
Human Resources to investigate reports of child abuse
and neglect. Existing law, administrative rules, and
departmental internal policies detail the specific
procedures for such an investigation.
Existing law does not provide a uniform
procedure for notifying a parent or other individual
with legal custody of a child that he or she is under
investigation by the department for the alleged abuse
or neglect of that child.
This bill would require the department to notify
a parent or other individual with legal custody of a
child that he or she is under investigation by the
department for the abuse or neglect of that child.
This bill would require the department to
provide the parent or other individual under
investigation with a written explanation of his or her
due process rights associated with the investigation,
including, but not limited to, the right to review
certain records, retain counsel, and seek an
administrative review of investigation results.
This bill would require department employees
involved with investigations of child abuse or neglect
to undergo training.
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to undergo training.
This bill would require the department to notify
individuals for whom child abuse or neglect is
indicated of their right to request an administrative
records review or, if applicable, an administrative
hearing.
This bill would require that certain family
preservation services be offered before a child is
removed from his or her home because of an
investigation under this act, with exceptions.
This bill would require the State Department of
Human Resources to adopt rules and develop a uniform
policy relating to the requirements of this act, and
would require each county department of human resources
to follow the uniform policy.
This bill would require the state department to
adopt rules to address county departments of human
resources that fail to comply with the uniform policy.
This bill would also require the department to
annually prepare and distribute a report relating to
child abuse and neglect investigations.
A BILL
TO BE ENTITLED
AN ACT
Relating to child abuse and neglect; to require the
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Relating to child abuse and neglect; to require the
State Department of Human Resources to provide written
notification to parents and legal custodians who are under
investigation for the abuse or neglect of their child of the
investigation and of certain due process rights associated
with the investigation; to provide parameters for the written
notifications; to require certain employees of the department
to undergo training; to require the department to adopt rules
and develop a uniform policy; to require each county
department to follow the uniform policy; to authorize the
department to develop procedures to address noncompliant
county departments; to require the use of certain family
preservation services before a child is removed, with
exceptions; and to require the department to prepare and
distribute an annual report to the Legislature.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Department of Human Resources Transparency and Due Process
Rights Notification Act.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) DEPARTMENT. The State Department of Human Resources
and each county department of human resources.
(2) INVESTIGATION. An investigation by the department
into an allegation of child abuse or neglect pursuant to
Section 26-14-7, Code of Alabama 1975.
(3) LEGAL CUSTODIAN. Any individual, agency, or
guardian awarded legal custody of a child by a court order.
(4) PARENT. A biological parent or an adoptive parent.
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(4) PARENT. A biological parent or an adoptive parent.
Section 3. (a) Any parent or legal custodian of a child
who is under investigation by the department for the alleged
abuse or neglect of that child is entitled to each of the
following:
(1) The following due process rights:
a. The right to review and copy at no cost all
departmental documents pertinent to the investigation,
provided that the department: (i) may withhold documents in
any investigation where the parent or legal custodian is
reported to have sexually abused his or her child; and (ii)
may redact documents to protect the confidentiality of reports
and other sensitive communications.
b. The right to record any interaction or interview
relating to the investigation in which the parent or legal
custodian is present.
c. The right to be represented by legal counsel at his
or her own expense, including the right to be represented
before agreeing to any volunteer safety plan. If a parent or
legal custodian retains legal counsel for an investigation, he
or she must notify the department of the legal counsel and the
department shall:
1. Include the legal counsel on all correspondence to
the individual under investigation; and
2. Provide an opportunity for the legal counsel to
represent the individual under investigation in any
communications, interviews, or meetings with the individual.
(2) A written explanation of his or her due process
rights pursuant to Section 4(a).
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rights pursuant to Section 4(a).
(3) Written notice of the investigation pursuant to
Section 4(b).
(b) The department must record any communications or
interactions it has with a child who is the subject of an
investigation under this act when the parent or legal
custodian is not present, and preserve the record.
Section 4. (a) The written explanation of rights
required by Section 3 shall include all of the following:
(1) An explanation of the investigative process and the
timeline for completing the investigation.
(2) The name and contact information for the
individuals investigating the alleged child abuse or neglect.
(3) An explanation of the department's process for
making a complaint against an investigator, including the name
and contact information for the supervisor of the
investigators assigned to the investigation.
(4) An explanation of the individual's right to legal
counsel before he or she agrees to any voluntary safety plan
as provided in Section 3.
(5) A list of any free resources and services offered
by the department which may remedy the need for removal
without the requirement of a safety plan.
(6) That he or she has the right to withhold consent to
all of the following, and any impact that his or her
withholding may have on the investigation:
a. Allowing an investigator from the department to
enter his or her home or interview his or her child, unless
there is a court order.
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there is a court order.
b. A medical or psychological examination of the child
who is the subject of the investigation, unless there is a
court order.
c. The release of his or her medical or mental health
records, unless there is a court order.
d. A drug or urine test, unless there is a court order
or just cause, including, but not limited to, a child being
directly exposed to an illegal drug or substance.
(7) An explanation of the individual's rights to review
records as provided in Section 3.
(8) A statement that any statement or admission made by
the parent or legal custodian to the department or anyone
acting on behalf of the department may be used against him or
her in a civil proceeding or a criminal case, including
temporary or permanent removal proceedings.
(b) The written notice required by Section 3 shall
include:
(1) A description of the reported abuse or neglect,
including the dates on which the abuse or neglect is alleged
to have occurred;
(2) The full name and the date of birth of the child
who is the subject of the investigation; and
(3) The name of the individual alleged to have
committed the abuse or neglect.
(c)(1) The department shall establish a training
program for employees and investigators involved in the
investigation of parents and legal custodians pursuant to this
act. The training must include, but is not limited to:
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act. The training must include, but is not limited to:
a. Best practices for investigation techniques,
including how to balance personal feelings with
professionalism when decision-making; and
b. An explanation of family preservation services and
contingency plans, as provided in Section 5.
(2) No employee of the department may participate in an
investigation under this act or the removal of a child from
his or her home because of an investigation under this act
until the employee has participated in the training.
Section 5. (a) At the conclusion of an investigation
under this act, the department shall provide written notice to
the accused individual of the result of the investigation in
accordance with the time frame provided in department policy.
(b)(1) If the investigation indicated child abuse or
neglect, the department must inform the indicated individual
in writing of his or her rights to an administrative review
or, if applicable, an administrative hearing.
(2)a. If the indicated individual chooses to request an
administrative review or, if applicable, an administrative
hearing, he or she must request the review or hearing in
writing within 10 business days of receipt of notification of
the investigation's findings.
b. If the request for an administrative review or
administrative hearing is made by mail:
1. The request must be in the form of a certified
letter, restricted delivery, return receipt requested, and
postmarked within the 10 day period; and
2. The indicated individual, or his or her counsel,
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2. The indicated individual, or his or her counsel,
must notify the department via phone call or other electronic
communication that the request has been mailed.
(c) Upon the receipt of a request, the department shall
immediately provide the indicated individual and his or her
counsel with access to the relevant nonconfidential
investigation records. The department may redact investigation
records to protect sensitive communications and the identity
of the individual who reported the child abuse or neglect.
(d) Before a child may be removed from his or her home
because of the results of an investigation under this act, the
department must provide the opportunity to use family
preservation services, unless the child must be removed due to
imminent risk of abuse or neglect. If a child must be removed,
kinship placements, parental visitation, and efforts to
provide ongoing parental participation, including involvement
in medical and educational decisions, shall be prioritized and
the priority shall be noted in the initial Individualized
Service Plan (ISP) and any subsequent ISPs.
Section 6. (a) The department shall adopt rules to
implement and administer this act. The rules shall include:
(1) Procedures for the State Department of Human
Resources to address county departments and investigators that
are not compliant with the requirements of this act,
including, but not limited to, a defined time frame for
compliance and measures to compel county departments to
fulfill their legal duties under this act; and
(2) A uniform policy that addresses the requirements of
this act and provides a standard time frame for the department
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this act and provides a standard time frame for the department
to conduct and complete an investigation into a parent or
legal custodian.
(b) Each county department of human resources must
follow the uniform policy created pursuant to this section.
Section 7. No later than March 1 of each year, the
department shall prepare and distribute a report to the chairs
of the House of Representatives Judiciary Committee, the House
of Representatives Children and Senior Advocacy Committee, the
Senate Judiciary Committee, and the Senate Children and Youth
Health Committee. The report shall detail the following
information for the previous calendar year:
(1) The number of administrative record review requests
made pursuant to this act and the result of those reviews.
(2) The number of employees employed by the department
who are trained pursuant to this act.
(3) The number of children who are placed in the legal
custody of relatives or next of kin following an investigation
under this act, including a breakdown of how many of those
children were voluntarily placed with kin to prevent removal
or foster care placement.
(4) The number of children who are placed in custody of
non-relatives.
(5) The number of children who are reunified with their
parents or legal custodians disaggregated by age, the reason
for initial removal, the length of time the child was removed,
and the location of the child during the removal.
(6) The number of cases where an advanced pick up order
was required for the removal of a child, disaggregated by the
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was required for the removal of a child, disaggregated by the
age of the child and the reason the child was removed.
(7) The number of cases in which a child was removed
without a pick up order, disaggregated by the age of the child
and the reason for removal.
Section 8. This act shall apply only to reports of
child abuse or neglect received by the department on or after
October 1, 2025. A report of alleged child abuse or neglect
that is received before October 1, 2025, shall be governed by
the law in effect on September 30, 2025.
Section 9. This act shall become effective on October
1, 2025.
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