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Legislative Year: 2023 Change

Bill Detail: SB23-039

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Title Reduce Child And Incarcerated Parent Separation
Status Governor Signed (05/15/2023)
Bill Subjects
  • Children & Domestic Matters
House Sponsors J. Amabile (D)
Senate Sponsors J. Buckner (D)
House Committee Public and Behavioral Health & Human Services
Senate Committee Judiciary
Date Introduced 01/12/2023

The bill requires the department of human services to promulgate
rules that facilitate communication and family time between children and
their parents who are incarcerated.
The bill requires the court and the prison or jail where the parent
is incarcerated to facilitate the parent's attendance and participation in
proceedings for the parent's dependency and neglect case.
Under current law, after an order of adjudication in a dependency
and neglect case, the court holds a dispositional hearing. The bill requires,
except in instances when the proposed disposition is termination of the
parent-child legal relationship, if a child's parent is incarcerated, that the
court approve a treatment plan for the parent that specifies how the parent
may participate in future meetings and hearings, including services and
treatments available to the parent at the prison or jail, and opportunities
for meaningful, in-person family time at the prison unless the family time
does not serve the best interests of the child.
Under current law, the court may terminate the parent-child legal
relationship based on statutorily created circumstances. The bill
eliminates the parent's incarceration and related conditions as a basis for
terminating the parent-child relationship.
Under current law, if the court finds that there is not a substantial
probability that the child will be returned to a parent or legal guardian
within 6 months and the child satisfies criteria for adoption, the court may
require the county department of human services to show cause why it
should not file a motion to terminate the parent-child legal relationship.
The bill states that such cause may exist if the parent is incarcerated,
detained by the United States department of homeland security, or
deported, and if the parent has maintained a meaningful and safe
relationship with the child while incarcerated, detained, or deported.
The bill requires the department of corrections to create and submit
an annual report to the judiciary committees of the senate and house of
representatives concerning parents who are incarcerated, and make the
report publically available.
The bill requires the department of corrections to develop
opportunities and promulgate policies to facilitate continued relationships
between children and their parents who are incarcerated.
The bill requires the department of corrections to designate a
family services coordinator, who is responsible for duties related to
children and their parents who are incarcerated.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (06/05/2023) (most recent)  
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