Supporters and opponents of child abuse procedure bill speak at public hearing

The House Children and Senior Advocacy Committee held a public hearing on HB340, introduced by Rep. Kenneth Paschal, R-Pelham, aimed at reforming the state’s Department of Human Resources procedures when investigating cases of child abuse and neglect.

The bill states that DHR must notify families of their due process rights which include “the right to review certain records, retain counsel, and seek an administrative review of investigation results.”

Guardians would have access to nonconfidential investigation records, allowing parents and their counsel to understand the allegations. These records would not be attainable in cases of sexual abuse of a child and portions may be redacted to protect the confidentiality of reports and other sensitive communications.

The bill emphasizes the importance of kinship placements and parental involvement in decision-making processes, stating that DHR “must provide the opportunity to use family preservation services unless the child must be removed due to imminent risk of abuse or neglect.”

“One thing this bill does not do if the child is in immediate danger is it does not prevent DHR from taking their normal procedures to protect a child. That’s the most important thing we could ever do,” said Paschal. “What it simply does is establish uniformity.”

Opponents of the bill like executive director of the Alabama Sheriffs’ Association, Hoss Mack, and Russell County District Attorney Rick Chancey say that the bill could inhibit investigative processes by “adding additional layers of potential suspect notification.”

“In those cases, timing and coordination are paramount in the pursuit of justice and family protection,” said Mack. 

Nancy Buckner, Alabama DHR commissioner, also spoke to the committee. Buckner said that threats presented by some cases the department sees warrant the codes and rules they currently follow.

“As a parent, if I could save the life of one of these children by dealing with law enforcement and DHR in the court system, it would be worth it,” said Buckner.

Proponents of the bill were all individuals who had been directly impacted by the current rules either as a direct or closely involved party. They said that parents are often left in the dark after a child is put into the state’s custody without any knowledge of how to navigate the system or who can help.

One resident said she was seeking help for her daughter from the court system when DHR got involved. Another resident said that all charges of abuse against her were dropped, but that her grandchildren had been abused while in foster care. 

Paschal noted that he was prepared to add an amendment that clarifies the existing agreements between DHR and law enforcement agencies. 

“I want to sit with everyone that spoke today because I think we all want to move in the same direction,” said Paschal.

The bill will go before the committee again after the Legislature’s break next week.