View source for Family Rights in Medical Investigations Act

{{Infobox ALEC Bills
|bill_title          = Family Rights in Medical Investigations Act
|date_introduced     = July 26, 2024
|date_reviewed       =
|date_finalized      = August 30, 2024
|date_amended        =	
|date_accessed       =
|type                = Model Policy
|status              = Final
|task_forces         = Health and Human Services
|keywords            = health
|notes               =
}}
<h1>Family Rights in Medical Investigations Act</h1>

SECTION 1:

When a child has been the subject of a Hotline call [or whatever phrasing is appropriate to your state’s procedure for initiating an investigation] and is under inpatient or outpatient care at a medical facility (“child”), any medical professional, including but not limited to any doctor, nurse, physician’s assistant, or medical technician, who is reasonably likely to be contacted by law enforcement or child protect services in connection with the investigation pursuant to the Hotline call, including all such professionals who routinely, by contract or by policy and practice, provide information and medical opinion to Child Protective Services concerning the likely presence of child abuse or neglect or who exercise authority to initiate legal action against a parent or guardian or remove a child from the parent or guardian’s care or restrict a parent or guardian’s access to their child, shall provide the following notification and information to the parent or guardian prior to conducting any examination of the child or interviewing the parent or guardian:

(A) The medical professional shall explain to the parent or guardian of the child the medical professional’s role in providing information and opinion to the Department regarding whether and to what extent a child’s injury or condition is suspicious for child maltreatment. The medical professional shall explain that he or she may be required to communicate with law enforcement and CPS systems and provide court testimony. The medical professional shall also provide the child’s parent or guardian with accurate information about his or her medical specialties, including identifying themselves as a “child abuse pediatrician” or as a member of a child abuse team if they hold such a position and report to any governmental authority in that capacity.

(B) In all contacts described in paragraph A, the medical professional involved shall afford the parent or guardian informed consent as to whether they wish to participate in any conversation with such medical professional.

(C) In any investigation where a medical professional is providing a medical opinion to the Department, the Department shall inform the parent or guardian of the child who is the subject of the investigation:

(a) Of the names and specialties of all medical professionals who have provided medical opinions regarding whether the child was abused or neglected, including the names and specialties of all medical professionals who were consulted by the medical provider in order to render their opinion.

(b) Of his or her right to request and receive in a timely manner a copy of the medical professional’s opinion that is being provided to the CPS or law enforcement authorities, including the basis for the opinion, and a copy of any written report the medical professional has provided to the Department;

(c) Of his or her right to obtain in a timely manner, and submit to the Department a second medical opinion for consideration in the investigation at any time prior to the conclusion of the investigation, provided however that such opinions shall be at the parent or guardian’s expense unless an alternative system of payment is otherwise available in the jurisdiction, in which case information about how the parent or guardian can access that system shall be provided;

(d) That any second medical opinion submitted to the Department prior to the Department rendering its final determination in the investigation will be considered as inculpatory or exculpatory evidence; and

(e) Of the Department’s timeframes for the investigative process in the event adverse action is taken by the department, including to make any finding of abuse or neglect, and of their rights to appeal and seek an adjudication of their responsibility or lack of responsibility for such abuse or neglect before a neutral decisionmaker in accordance with state law and policy.

SECTION 2: Restrictions To Ensure Against Bias and Conflicts of Interest in Medical Professional Reports of Abuse or Neglect

(A) When referring a case for forensic assessment, the Department shall refer the case to a physician authorized to practice medicine in this state under [appropriate title and section of law] who was not involved with the report of suspected abuse or neglect.

(B) This section may not be construed to:

(a) Prohibit the Department from interviewing, in the practitioner’s capacity as a principal or collateral source, a medical professional who made the Hotline call or other report of suspected abuse or neglect; or

(b) Otherwise restrict the Department’s ability to investigate as provided by this chapter or to obtain forensic consultation with medical professionals who are qualified to render such consultation; or

(c) Prohibit any medical professional or health care provider from making a Hotline call as required by state law.