|
H.B. No. 0088 |
Child protection
amendments. |
Sponsored By: Joint
Judiciary Interim Committee
AN
ACT relating to juveniles; amending provisions relating to child protection,
the Juvenile Court Act and children in need of supervision; amending provisions
relating to multidisciplinary team and child protection teams as specified;
providing access to juvenile records as specified; creating an interagency
children's collaborative to review cases in which children are taken into state
custody; amending requirements for the operation of the central registry for
child protection cases; establishing a criminal offense for failure to report
child abuse or exploitation; amending definitions; amending standards of proof
as specified; requiring notice as specified; specifying duties; granting
rulemaking authority; conforming provisions; repealing provisions; and
providing for effective dates.
01/29/2004 Bill Number Assigned
02/09/2004 H Received for Introduction
02/10/2004 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Childers, Cohee, Cooper, Edwards, Esquibel, Gentile, Gilmore, Hageman,
Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L.,
Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Martin, McMurtrey,
McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady,
Petersen, Philp, Powers, Reese, Robinson, Ross, Simpson, Slater, Thompson,
Walsh, Warren and Wasserburger.
Nays: Representative(s) Anderson, R., Brechtel,
Bucholz, Diercks, Luthi, Prosser, Semlek and Wostenberg.
Excused:
Representative(s) Baker and Tipton.
Ayes
50 Nays 8 Excused 2 Absent
0 Conflicts 0
02/16/2004 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Landon, Olsen, Petersen, Reese and Simpson
Ayes
9 Nays 0 Excused 0 Absent
0 Conflicts 0
02/16/2004 H Placed on General File
HB0088HS001/ADOPTED
Page 4-line 5 Delete
"(ii)(intro), (B),".
Page 4-line 8 After
"(viii)" insert "and by creating a new paragraph (ix)".
Page 4-line 23 Delete ",
(vii)" insert "through (viii)".
Page 4-line 24 Delete "(vi)"
insert "(v)".
Page 5-line 1 Delete
"(vii)" insert "(vi)".
Page 5-line 4 Delete "and
(vii)" insert "through (viii)".
Page 5-line 5 Delete
"(vi)" insert "(v)".
Page 5-line 6 Delete
"(vii)" insert "(vi)".
Page 5-line 8 Delete
"and".
Page 5-line 9 Delete
"(vii)" insert "through (viii)"; delete "(vi)"
insert "(v)".
Page 5-line 10 Delete
"(vii)" insert "(vi)".
Page 6-lines 13
through 23 Delete entirely.
Page 7-lines 1 through
6. Delete entirely.
Page 8-line 20 After
"report." insert "The representative
of the child protective agency shall, at the initial time of contact with the
individual subject to a child abuse and neglect investigation or assessment,
advise the individual of the specific complaints or allegations made against
the individual.".
Page 10-line 9 After "that" insert "the substantiated"; delete "has"; after "occurred"
delete balance of line and insert ";".
Page 10-line 10 Delete entirely.
Page 10-line 20 After ";"
strike "and".
Page 11-line 8 Strike "."
insert "; and".
Page 11-After line 8 Insert:
"(ix) Refer
a child under the age of six (6) years to the department of health, division of
developmental disabilities preschool program for educational and developmental
screening and assessment.".
Page 11-line 14 Delete "exploited" insert "neglected".
Page 11-line 18 After "." insert "It
shall be unlawful for any employer, public
or private, to seek to coerce or discourage any employee from making a
report of neglect or abuse under W.S. 14-3-201 through 14-3-216 or to
discharge, suspend, discipline or
penalize any employee for making such a report.".
Page 18-lines 7
through 9 Delete entirely and
insert:
"(iii) Assess
the child's mental and physical health needs and provide for the child's
ordinary and emergency medical care;".
Page 18-line 13 After "planning" delete balance of line.
Page 18-line 14 Delete "education" insert "or developmental".
Page 18-lines 16
through 18 Delete entirely and insert:
"(v) Participate
in multidisciplinary team meetings to develop treatment recommendations for the
child;".
Page 24-line 17 After "of"
insert "central registry";
strike "department of family".
Page 24-line 18 Strike
"services" insert "state agency";
strike "concerning child".
Page 24-line 19 Strike entirely.
Page 24-line 20 Delete all new language;
strike "records exist" insert "for
purposes of screening employees or volunteers"; after
"." insert "The state agency shall
provide the results of the records check to the applicant by certified
mail. The written results shall confirm
that there is an allegation "under investigation", a
"substantiated" finding of abuse or neglect on the central registry
naming the individual or confirm that no record exists. When the individual is identified on the registry
as a "substantiated" perpetrator of abuse or neglect, the report to
the applicant shall contain information with respect to the date of the
finding, specific type of abuse or neglect, a copy of the perpetrator's
voluntary statement and whether an appeal is pending.".
Page 25-line 1 After "."
strike balance of line.
Page 25-lines 2
through 5 Strike and delete
entirely.
Page 25-line 6 Strike "court
level.".
Page 25-line 12 After "."
strike balance of line.
Page 25-lines 13
through 15 Strike entirely.
Page 25-line 16 Strike
"pending.".
Page 30-line 22 After "child" insert "in temporary protective custody"; delete
"or nonmedical".
Page 30-line 23 Delete "remedial" insert "or other necessary"; After "care" insert ", including mental health and substance abuse care,".
Page 35-line 12 Delete "and".
Page 35-line 15 Delete "." insert ";
and".
Page 35-After line 15 Insert:
"(viii) The
foster parent.".
Page 36-line 1 Delete entirely.
Page 36-line 3 Delete "(vi)" insert "(v)".
Page 36-line 11 Delete "(vii)" insert "(vi)".
Page 38-line 5 After "and" insert "the
department".
Page 38-line 11 Before "case" insert "department".
Page 40-line 22 Delete "and".
Page 41-line 2 Delete "." insert ";
and".
Page 41-After line 2 Insert:
"(viii) The
foster parent.".
Page 41-line 12 Delete entirely.
Page 41-line 14 Delete "(vi)" insert "(v)".
Page 41-line 22 Delete "(vii)" insert "(vi)".
Page 43-line 19 After "and" insert "the
department".
Page 44-line 1 Before "case" insert "department".
Page 46-line 12 Delete "and".
Page 46-line 15 Delete "." insert ";
and".
Page 46-After line 15 Insert:
"(viii) The
foster parent.".
Page 47-line 1 Delete entirely.
Page 47-line 3 Delete "(vi)" insert "(v)".
Page 47-line 11 Delete "(vii)" insert "(vi)".
Page 49-line 5 After "and" insert "the
department".
Page 49-line 11 Before "case" insert "department". SIMPSON,
CHAIRMAN
HB0088HW001/ADOPTED
Page 11-line 18 Delete the standing
committee amendment (HB0088HS001/A) to this line. SIMPSON
HB0088HW002/FAILED
Page 1-line 13 After
"duties;" insert "requiring training of child protection
workers;".
Page 4-line 6 After
"14-3-204(a)" delete "(ii), (iii)," insert "(i)
through".
Page 8-After line 11 Insert:
"(i) Prepare a plan
for child protective services under guidelines prepared by the state agency,
and provide services under the plan to prevent further child abuse or
neglect. The
plan shall ensure that all child protective service workers are trained in
their legal duties to protect the statutory and constitutional rights of
children and families from the initial time of contact during investigation
through treatment. The training
curriculum shall include instruction in the fourth amendment to the Unites
States Constitution and parents' rights. The plan shall be reviewed
annually by both agencies;".
BRECHTEL
02/18/2004 H Passed CoW
HB0088H2001/ADOPTED
Page 1-line 9 Delete
"a".
Page 1-line 10 Delete
"offense" insert "offenses".
Page 1-line 11 After
"exploitation" insert ", or for interfering with
reporting".
Page 11-line 16 Delete "one (1) year" insert "six (6) months".
Page 11-line 17 Delete "one thousand dollars ($1,000.00)" insert
"seven hundred fifty dollars ($750.00)".
Page 11-line 18 After "." insert "Any
employer, public or private, who seeks to discharge, suspend, discipline or
penalize an employee for making a report of neglect or abuse under W.S. 14-3-201
through 14-3-216 is guilty of a misdemeanor punishable by imprisonment for not
more than six (6) months, a fine of not more than seven hundred fifty dollars
($750.00), or both.".
SIMPSON
02/19/2004 H Passed 2nd Reading
02/20/2004 H Laid Back Pursuant to HR 9-3
HB0088H3002/ADOPTED (CORRECTED COPY)
Page 1-line 11 After
"exploitation;" insert "amending duties of the department of
family services;".
Page 4-line 6 After
"(xvii)," insert "14‑3‑203 by creating a new
subsection (c),".
Page 8-After line 7 Insert:
"(c) The
state agency shall ensure that all child protective service workers are
trained:
(i) In the
values and principles of family centered child welfare practice, including
balancing the best interests of children with the rights of parents;
(ii) In the
duty of the workers to inform the individual subject to a child abuse or
neglect allegation, at the earliest opportunity during the initial contact, of
the specific complaints or allegations made against the individual;
(iii) Concerning
constitutional and statutory rights of children and families from and after the
initial time of contact and the worker's legal duty not to violate the
constitutional and statutory rights of children and families from and after the
initial time of contact;
(iv) To know
the state's legal definitions of physical abuse, sexual abuse, neglect,
dependency and endangerment;
(v) To know the
provisions of federal and state laws governing child welfare practice,
including but not limited to the Adoption and Safe Families Act, Indian Child
Welfare Act, Multi-Ethnic Placement Act and the Child Abuse Prevention and
Treatment Act, as amended.". SIMPSON, BRECHTEL
02/23/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Bagby, Baker, Berger,
Buchanan, Childers, Cohee, Cooper, Edwards, Esquibel, Gentile, Gilmore, Harvey,
Hastert, Hinckley, Iekel, Johnson, L., Jones, Landon, Law, Lockhart, McMurtrey,
Meyer, Morgan, Olsen, Osborn, Parady, Petersen, Powers, Reese, Robinson, Ross,
Simpson, Slater, Thompson, Walsh and Warren.
Nays: Representative(s) Alden, Brechtel, Bucholz,
Diercks, Hageman, Harshman, Illoway, Jansen, Johnson, W., Jorgensen, Latta,
Luthi, Martin, McOmie, Meuli, Miller, D., Nicholas, Philp, Prosser, Semlek,
Wasserburger and Wostenberg.
Excused:
Representative(s) Anderson, R. and Tipton.
Ayes
36 Nays 22 Excused
2 Absent 0 Conflicts 0
02/24/2004 S Received for Introduction
02/24/2004 S Introduced and Referred to S01
03/01/2004 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Hanes and Meier
Nays: Senator(s) Goodenough
Ayes
4 Nays 1 Excused 0 Absent
0 Conflicts 0
03/01/2004 S Placed on General File; Did Not
Consider in CoW