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.

2025 Regular Session Introduced by Karilyn Brown

House Bill 1664 protects families by allowing second medical opinions in child abuse investigations, reducing wrongful allegations and ensuring accurate assessments.

Recommended for study in the Interim by the Committee on

Summary of House Bill 1664

Bill Number: HB 1664
Title: 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.
Status: Recommended for study in the Interim by the Committee on Judiciary
Introduced: March 04, 2025
Classification: Bill

Purpose and Intent

House Bill 1664 aims to amend existing legislation known as "Quincy's Law," which pertains to the procedures followed during investigations of alleged child maltreatment. The bill seeks to address concerns regarding wrongful allegations of abuse that may arise from misinterpretation of medical conditions. The intent is to protect both children and parents or guardians from the trauma and consequences of such allegations.

Key Provisions

Legislative Findings:

The bill recognizes that symptoms of certain medical conditions can be misidentified as signs of abuse, leading to wrongful allegations against parents or caregivers.
It emphasizes the emotional and psychological trauma that can result from the removal of a child from their home due to these allegations.

Amendments to Arkansas Code § 12-18-614:

The bill allows alleged offenders to request a second opinion from a licensed healthcare provider of their choice regarding the examination of the alleged victim.
It specifies that the costs for these examinations will be borne by the alleged offender or covered by insurance or Medicaid.
The bill outlines specific medical conditions that should be considered to avoid misdiagnosis, including genetic disorders and other medical conditions that may mimic signs of abuse.

Right to Medical Records:

The bill grants parents, guardians, or custodians the right to access the medical records of a child who has been removed from their custody or is under the care of the Department of Human Services.

Emergency Declaration:

The bill includes a declaration of emergency, indicating the urgency of its provisions to protect families and children.

Impact

Affected Parties:

Parents, guardians, and custodians of children involved in maltreatment investigations will benefit from clearer rights regarding medical examinations and access to records.
Children who may be misdiagnosed with abuse will receive more accurate medical assessments, potentially reducing unnecessary trauma and fostering better health outcomes.

Legal and Healthcare Systems:

The bill aims to enhance the integrity of the child welfare system by ensuring that medical conditions are adequately considered during investigations, thereby reducing the risk of wrongful allegations.

Procedural Aspects

The bill was introduced on March 04, 2025, and has undergone several legislative actions, including amendments and recommendations for further study.

As of April 16, 2025, the bill was withdrawn by the author and recommended for study in the Interim.

This summary provides an overview of House Bill 1664, highlighting its purpose, key provisions, and potential impact on families and the child welfare system in Arkansas.