The proposed bill establishes a right to a trial by jury for parties involved in preliminary protective hearings regarding child custody, effective January 1, 2024. This right is specifically granted to parents or defendants and cannot be arbitrarily denied. The court is required to provide written notice of this right to all parties, and if such notice is not given, any subsequent proceedings will lack legal force. Additionally, if a party believes their rights have been violated by court orders, they can demand a jury trial within 20 days, which must be scheduled within 20 days of the demand. The state must prove its case with clear and convincing evidence to at least seven or eight jurors.

Key changes from current law include the explicit establishment of the jury trial right, the requirement for written notice, and the stipulation that the jury trial must commence within 30 days after a child is removed by the state. The bill also clarifies that these rights and remedies are not available to the state or any state agency, focusing solely on the rights of individuals involved in the hearings.

Statutes affected:
Introduced Version: 8-468
Senate Engrossed Version: 8-468