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House Bill 402 — Child protection, training

House Bill 402 — Child protection, training

Parrish Miller
February 10, 2020

Bill description: HB 402 requires employees of Child Protective Service agencies to be trained in the legal and constitutional rights of those they are investigating.

Rating: +1

Does it violate the spirit or the letter of either the US Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

HB 402 requires that CPS employees be trained in the constitutional rights enjoyed by children, parents, and anyone else during an investigation. The training shall include, but not be limited to, telling CPS employees that those under investigation may:

  • Refuse entry to their home or other premises unless a court has issued the relevant warrant; 
  • Refuse interviews and refuse to answer questions
  • Refuse interviews and examinations of minor children in their legal care and custody unless there is a warrant of a court requiring particular examinations; and 
  • Hire an attorney at their own expense and have that attorney represent them during all interactions with the department.


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