HB 1986 / SB 1797

Legislation was signed on April 28, 2023 by Governor Bill Lee that allows parents to be charged with a felony offense for failure to turn their child over to the state, and also looks to relieve DCS of having to properly notify parents about removal orders with the bill text stating that it is not a defense that “the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.”

The key issue at hand is that the bill appears to eliminate fundamental due process, a cornerstone of justice that grants individuals the right to be informed about accusations leveled against them. This right empowers them to mount a defense in a court of law, ensuring a fair and just legal process.

If passed, this bill prohibits the Department of Children’s Services from accepting anonymous reports of child abuse or neglect. Individuals making such reports must provide specific information, including the child’s name and address, the caretaker’s details, the reasons for suspicion, the source of information, the reporter’s contact information, and any relevant details about the alleged abuse or neglect.

If a report is made by phone, and the caller refuses to disclose the required information, the department representative must inform them that anonymous reports cannot be accepted, suggest reporting to law enforcement, and assure confidentiality.

The bill outlines regulations for reporting efforts, oral communication, confidentiality, and the process when an anonymous report is submitted. Additionally, before taking any action, investigators must provide parents or legal custodians with their identity and a written, easily understood summary of the investigation process, ensuring adequate time for review.