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Parents and guardians under investigation by the Alabama Department of Human Resources will be fully informed of their due process rights if legislation announced by State Rep. Kenneth Paschal, R-Pelham, on Wednesday is enacted into law.
“Protecting children and others from harm is always our number one priority, but every American is guaranteed certain due process rights when being investigated by the government,” Paschal said. “False accusations can often result during domestic disputes and messy divorces, so it is especially important for the innocent to know how to navigate the process for reclaiming their good name and character.”
Under the provisions of House Bill 340, DHR will be required to notify parents, guardians, or custodians in writing if they are under investigation for child abuse or neglect. In addition, they will receive written notification of their due process rights, including the right to review investigation records, record interactions with DHR investigators, seek legal counsel, and deny home entry for interviews, drug tests, and medical exams without a court order.
Those under investigation will also be informed that their statements may be used in civil or criminal court hearings.
DHR employees involved in investigations will be required to undergo training in investigatory techniques and family preservation, and child placements with relatives and parental visitation will be prioritized.
Paschal said that standardizing investigation procedures across all of Alabama’s 67 counties through the DHR Transparency and Due Process Rights Notification Act will make the process fairer and more understandable for all involved while minimizing unnecessary child removals.
He also voiced a belief that passage of his bill will assist in retaining social workers by providing them an easy-to-follow framework for investigations and eliminating questionable and sometimes confusing procedures.
