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Republican Sponsorship
Social Services

HB1664

To Amend "quincy's Law" Concerning Physical Exams And Other Testing In An Investigation Involving Alleged Abuse Under The Child Maltreatment Act; And To Declare An Emergency.

Introduced

Last Action (March 4, 2025): Recommended for study in the Interim by the Committee on

Sponsors

AI-Generated Summary

House Bill 1664 amends 'Quincy's Law' in Arkansas to expand the rights of parents and caretakers undergoing investigations by the Department of Human Services for alleged child maltreatment. The bill allows parents or guardians to request a second medical opinion and specific diagnostic testing, including genetic testing, to determine if a child’s physical symptoms are the result of an underlying medical condition rather than abuse. It mandates that these evaluations be conducted by pediatric-trained healthcare providers, with costs covered by the accused or their insurance. Furthermore, the bill establishes a legal process for courts to order the release of a child's medical records to an accused parent or guardian to assist in their defense, provided the records are used only for the specific case. Finally, it includes an emergency clause to make the provisions effective immediately upon the Governor's approval.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are parents, guardians, or custodians who have been accused of child abuse or neglect. By allowing them access to additional medical testing and their child's medical records, the bill provides them with tools to potentially prove that a child's injuries or symptoms are the result of legitimate genetic or medical conditions rather than abuse, thereby potentially preventing wrongful separation from their children or erroneous placement on the Child Maltreatment Central Registry. Children may also benefit if their previously undiagnosed medical conditions are identified and treated as a result of these expanded testing requirements.

Who Might Suffer?

The bill could potentially impact the Department of Human Services (DHS) and child welfare investigators, as the new requirements may add complexity and duration to investigations. Additionally, some child advocacy groups or medical professionals might express concern that these provisions could delay protective interventions or allow accused abusers to exert pressure on medical processes. If abused children face a longer or more difficult path to removal from dangerous environments due to extended evidentiary requirements or defensive litigation over medical records, they may be negatively impacted.

Read Full Bill on arkleg.state.ar.us