AB 560/SB 524: Rights in Mental Health Detentions, CHIPS, TPR, Delinquency Cases

This bill would eliminate the right to in-person testimony in high-stakes proceedings like termination of parental rights cases.

Failed to pass both houses, will not become law this session

Under current law – because of the significant (and sometimes permanent) rights at stake in Chapter 51 mental health detentions, Chapter 55 guardianships, Chapter 48 Child in Need of Protection or Services (CHIPS) or Termination of Parental Rights (TPR) cases, and Chapter 938 delinquency cases – if a defendant or respondent in these proceedings objects to the use of videoconferencing technology in a pre-trial, trial, or post-trial proceeding, the court shall sustain the objection.

Ultimately, the credibility determinations made by the court and the rights of respondents in these proceedings to cross-examine and confront witnesses are essential, especially when a proceeding could result in the legal relationship between a child and their parents/siblings/extended family being permanently severed or a young person being adjudicated guilty of a felony that will impact the rest of their life.

This bill would eliminate this right to in-person testimony, when requested by respondents or defendants in these high-stakes proceedings.