MONTGOMERY — Alabama Department of Human Resources (DHR) commissioner Nancy Buckner was one of many on Wednesday to vigorously oppose a bill that would mandate that DHR inform parents under investigation and inform them of their rights.
The House Children and Senior Advocacy Standing Committee held a public hearing at the state house on Wednesday, where speakers advocated for and against House Bill 340 (HB340) by State Rep Kenneth Paschal (R-Pelham), also called the Department of Human Resources Transparency and Due Process Rights Notification Act.
The bill does many things, centered mainly around DHR investigations in instances of alleged child abuse or neglect. It would also require DHR to provide written notification to parents and guardians who are under investigation for child abuse or neglect. It also requires DHR to provide the parent or guardian under investigation with a written explanation of their due process rights, such as the right to review certain records, retain counsel and seek an administrative review of investigation results. It would also mandate training a DHR employee must receive before removing a child from a home.
The committee refrained from voting after the hearing, which means it will be at least two weeks before a final vote, with the legislative Spring Break incoming.
“One thing this bill does not do: if a child is in immediate danger, this bill does not prevent DHR from taking their normal procedures to protect a child,” Paschal said, presenting his bill before the committee. “That’s the most important thing that we can ever do when we are discussing anything to do with DHR; we want to make sure they still have the ability, the power to address any issues whenever we think a child is in immediate danger.”
Despite Paschal’s insistence, several representatives from agencies and associations spoke in lengthy objections to the bill. Those who spoke in favor were all individuals who were personally affected by professedly wrongful investigations and child removal.
First to speak for the bill was Terri LaPoint, who detailed instances of alleged abuse on the part of DHR during multiple investigations.
“I have investigated hundreds of stories of children being taken from innocent parents from all over the country,” LaPoint said.
She continued, “Statistically, almost 40% of families will have an investigation by child protective services or DHR in the course of their children growing up. And that number increases to over 50% if they are African American. 87%, generally speaking, in the past decade or so, about 87% of the allegations against families are unsubstantiated. So this means that innocent families get caught up in this and being investigated, and it's a terrifying time for families. DHR kind of operates as quasi-law enforcement, and parents sometimes feel overwhelmed, especially the innocent.”
HB340 would also require that DHR develop policies about prioritizing placing children with other family members in the case of an investigation unless there is an imminent risk of abuse or neglect.
Several supporters of the bill claimed that their children or grandchildren had been sexually assaulted while in foster care after they claimed DHR removed their children without cause. Several also highlighted that the abuse would not have occurred had they been with a family member.
Others detailed instances of alleged bullying from DHR and pressure to make certain decisions without being notified of rights.
“The system is broken,” one supporter declared.
Those opposed to the bill, which included advocacy groups, law enforcement and a district attorney, spoke about the perceived hindrances notification can have on an investigation.
Commissioner Buckner was the last to speak against the bill, highlighting the perceived adverse effects of the legislation since the majority of abuse cases involve a parent or guardian.
In the middle of her remarks, Buckner handed out what she described as violent pictures of children abused by a guardian, albeit with faces and identities concealed.
“If you’re offended by them, don’t look at them,” Buckner said.
She continued, “Some of these babies are four months old, some of them are six months old. One of those in those four photos didn't make it. He died from his injuries.”
Buckner concluded by making the bold declaration that children would needlessly die should the bill get passed.
“As a parent, if I can save the life of one child children by leaving them with law enforcement, DHR and the court system, it would be worth it. Children are our future. And there's no man or woman as tall as the man or woman that stoops to help a child. So, I'm asking you today to please help these children, because children will die if this bill passes, that could have been prevented," she pleaded.
Alabama Sheriff’s Association director Huey “Hoss” Mack also opposed the bill, saying it could hinder law enforcement in conducting investigations.
“Unfortunately, I’ve personally worked cases where family members have been abused, assaulted, tortured and murdered,” Mack said. “In those cases, timing and coordination are paramount in the pursuit of justice and family protection. I point out to you that not all these cases originated with DHR; many of these cases start with law enforcement. They may start in the schools. They may start in the private sector. So, all of these cases are ultimately first reported to DHR but are reported to other entities as well. DHR and law enforcement work together in these cases. Any restrictions that are placed upon DHR could also be a restriction placed on law enforcement and possibly, at effect, child protection.”
After the hearing, Paschal expressed his amenability to further negotiations and conversations with the concerned parties before the bill is voted on in the future.
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