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CORRECTED February 10, 2004

February 6, 2004

Mr. President:

    The Health and Human Services Committee recommends S.B. 90, MEDICAL NEGLECT - EXCLUSION, by Senator D. Thomas, be replaced and favorably recommends 4th Sub. S.B. 90, MEDICAL NEGLECT - EXCLUSION with the following amendments:

1.    Page 21, Lines 618 through 624 :    

             618          Section 7. Legislative intent.
             619          The legislature recognizes that there is a fundamental liberty interest of parents in the
             620      care, custody, and management of their child as protected by the 14th Amendment and does not
             621      evaporate simply because they have not been model parents or have lost temporary custody of
             622      their children to the state.

[[   A termination of parental rights proceeding interferes with that

             623      fundamental liberty interest. When the state moves to destroy weakened family bonds, it must
             624      provide the parents with fundamentally fair procedures.   ]]

        Respectfully,

        James Evans
        Committee Chair
Voting: 5-2-1
7 SB0090.SC1.WPD jwride/MDA SMS/MDA 2/6/04 10:23 am

Bill Number
Action Class
Action Code

*SB0090S04*
*S*
*SCRSUBAMD*

 SB0090S04
S
SCRSUBAMD