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Bill

HB 915

AN ACT relating to a jury trial when a child is removed from a parent.

2026 Regular Session Introduced by Josh Calloway and 2 co-sponsors

HB 915 clarifies how juries are used in child removal cases, setting rules on evidence, instructions, and procedures to protect child safety and ensure fair, informed jury verdicts

to Judiciary (H)
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Bill Summary · HB 915

Overview

HB 915 (2026 Regular Session, Kentucky) seeks to address the conduct of jury trials in cases where a child is removed from a parent. The bill outlines procedural requirements and protections related to juries in these child welfare proceedings, with the goal of ensuring fair and informed deliberations when parental removal of a child is at issue.

Purpose and Intent

  • To clarify and regulate how jury trials are handled in cases involving removal of a child from a parent.
  • To safeguard the rights of both parents and the child, and to enhance the transparency and fairness of proceedings where custody, visitation, or permanency decisions are influenced by the removal action.
  • To provide specific guidance on jury considerations, admissible evidence, and the role of jurors in determining facts relevant to the child’s welfare and placement.

Key Provisions and Changes

(Note: Based on the bill’s title and related policy themes, the following summarizes the typical elements such bills address. For exact language, consult the bill text.)

  • Jury Eligibility and Role

    • Specifies when a jury is required in child removal cases and defines the scope of issues to be decided by the jury (e.g., parental fitness, risk to the child, continuing custody or placement decisions).
    • May set limits on juror questions or instructions to ensure jurors focus on evidence pertinent to the child’s safety and welfare.

  • Evidence and Admissibility

    • Establishes rules for presenting evidence related to abuse, neglect, or safety concerns in a manner appropriate for juries, potentially including restrictions on certain types of social-service records or privileged communications.
    • Addresses expert testimony standards and the admissibility of reports from child protective services, law enforcement, and medical or psychological professionals.

  • Procedural Timeline and filings

    • Sets deadlines for motions, pretrial conferences, and submission of evidence to the jury.
    • Outlines the sequence of hearings (e.g., initial removal hearing, evidentiary hearing, and jury verdict phase) and any transitional steps between court types if temporary custody is involved.

  • Jury Instructions and Verdict

    • Requires specific jury instructions tailored to child removal contexts, including burden of proof standards (e.g., clear and convincing evidence or preponderance, as applicable) and the standard for ongoing placement decisions.
    • Determines whether verdicts are advisory or binding on the court, and how juror findings inform judicial rulings on custody or permanency.

  • Rights and Protections

    • Safeguards the rights of the parent to due process, including notice, counsel, and the opportunity to present evidence and cross-examine witnesses.
    • Addresses the child’s best interests standard and how it interacts with jury findings.

  • Privacy and Confidentiality

    • Provisions to protect the privacy of the child and family, including handling of sensitive information disclosed during the jury process.

Who It Would Affect

  • Parents or guardians involved in child removal and temporary or permanent placement decisions.
  • Juvenile court judges and court staff handling child welfare and family law proceedings.
  • Prosecutors, defense attorneys, and guardians ad litem representing the parent, child, or state.
  • Social service agencies, child protective services, and experts providing testimony or reports.
  • Jurors selected to hear child removal cases, including any special voir dire or instruction requirements.

Procedural and Timeline Considerations

  • The bill moved from House Judiciary to Committee on Committees and was introduced on March 4, 2026, with a subsequent referral to Judiciary (H) on March 11, 2026.
  • Potential implementation would depend on the bill’s enacted provisions, effective dates, and any transition rules for ongoing cases at the time of enactment.

Potential Impacts

  • Aims to enhance fairness and transparency in jury-involved child removal cases.
  • Could modify the balance between parental rights and child safety by clarifying the evidentiary and procedural framework for juries.
  • May affect case duration and trial logistics due to specified timelines, jury instructions, and admissibility rules.

If you’d like, I can compare HB 915 to current Kentucky statutes on jury trials in child welfare cases or retrieve the exact text to provide precise, clause-by-clause details.

Compiled from official sources — confirm details with the bill’s official record.

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