Alabama Bill Targets Abuse Registry Reform
Our Central Registry Due Process model bill has made its way to Alabama!
On Tuesday, Alabama Rep. Kenneth Paschal introduced House Bill 464 (HB 464) to amend the state’s legal code governing child welfare investigations.
The bill would protect innocent parents by keeping any cases where child abuse or neglect is determined to be “not indicated” from being added to the state’s child abuse registry. It would also allow parents accused of abuse or neglect to defend themselves before their name goes on the registry by protecting their right to counsel and to present and cross-examine witnesses before an impartial hearing officer.
Also of significance, the bill would require investigators from the state’s Department of Human Resources (DHR), which oversees child welfare investigations, to document credible evidence of abuse or neglect and to consider family-preservation factors before removing a child from the home.
In fact, the bill spells out several considerations the investigators must make, including “the impact of removal on the child’s emotional and physical well-being” and “whether the child could safely remain in the home by arranging for informal supports such as care by family members, the voluntary removal of the subject [of the investigation] from the home, or the provision of in-home services.”
If this bill passes and is put into practice, many children will be saved from the trauma of unnecessary removal as their families receive the help they need without undue separation.
In a press release, Rep. Paschal declared, “Protecting children is our highest responsibility. This legislation strengthens accountability, improves transparency, and ensures [that] actions taken by the state are supported by credible evidence and fair process.”
The entirety of HB 464 does not perfectly match the model that we shared with the American Legislative Exchange Council (ALEC) and posted to our website. Rather, it demonstrates how a model (or models) such as ours can be reworked to fit appropriately into a state’s existing law. In this case, the proposed House bill cuts certain sections of existing law, inserts new sections, and makes numerous smaller edits in the surrounding sections and paragraphs.
That is exactly how a model law works, and why a single model like ours can be made to work in any state in the nation.
Upon its introduction on Tuesday, Rep. Paschal’s bill was assigned to the Alabama House Judiciary Committee.