House of Representatives

HB 2566

children; physical force; justification

Sponsors: Representatives Binder, Carruthers

 

DP

Committee on Human Services

X

Committee on Judiciary

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

HB 2566 modifies the definition of abuse to exclude the use of physical restraint to control a child that may cause harm to self or others.

 

Current Status

HB 2566 passed the Human Services Committee unamended.

 

History

Child Protective Services, under the Department of Economic Security (DES) responds to reports of abuse and neglect received from family members, friends, neighbors, educational and health professionals and other community members. Protective service workers upon receipt of a report indicating abuse must make a prompt and thorough investigation. The definition of abuse includes physical injury that consists of but not limited to skin bruising, bleeding, fracture of any bone, or injury to any internal organ or any physical condition which imperils health or welfare.

 

Current law does not exclude the use of physical force in an instance in which a child may cause harm to self or others from the definition of abuse.  Justification of physical force is not considered in DES investigations or proceedings.  HB 2566 allows the use of justification of physical force to be used in actions brought by DES and amends the definition of abuse. 

 

Provisions

·          Clarifies the use of reasonable physical restraint to control a child that may cause harm to self or others is not abuse.

·          Allows the justification of physical force to be applied in actions brought by DES, specifically issues pursued by protective services.

·          Makes technical and conforming changes.

 

HB 2566 passed the Human Services Committee unamended.

 

 

 

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45th Legislature                       

Second Regular Session            2          March 19, 2002

 

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