Panel advances bill to allow second medical opinions in child-protective investigations

Representative Bartleman introduced HB 47, saying the bill is designed to protect families from wrongful child removals stemming from medical misdiagnoses (the sponsor named examples including rickets, Ehlers-Danlos syndrome, brittle bone disease and vitamin D deficiency) and to ensure genuine cases of abuse remain identified and addressed.

An amendment tightened timelines for parents to submit medical diagnoses and created a process for addressing differing medical opinions; the amendment was adopted by voice vote.

Several parents and professionals testified in support. Diana Sullivan said she was accused of maltreatment after her medically complex infant presented with a swollen thigh; she said Ehlers-Danlos was listed in the child-protective team's initial report but not investigated, resulting in 19 months of separation and roughly $300,000 in legal costs. Sarah Mishler described an infant removed at seven months after a remote specialist allegedly misdiagnosed shaken baby syndrome; she said a second opinion ultimately led to the department dropping termination proceedings but that her family spent over $100,000 and endured an 11‑month fight to regain custody.

Megan McKeebe, who said she represents parents in dependency cases, gave examples where additional testing (genetic or hematologic) corrected initial conclusions and returned children home after lengthy separations. Christy Lee, a 19‑year foster-care worker, said child protection team doctors are not necessarily specialists in disorders that mimic abuse and called for a meaningful check on a single-expert conclusion.

Representatives Harris, Eskamani and others expressed support while cautioning that the bill should not deter families from seeking medical care; members said they hoped the measure balances child safety with parental rights and improved accuracy.

The committee reported HB 47 favorably, 16 ayes, 0 nays. The sponsor and supporters said the measure is intended to ensure more thorough medical review before life-altering decisions such as termination of parental rights proceed.