The proposed bill, SB1587, establishes the right to a trial by jury for parties involved in preliminary protective hearings regarding child custody, effective January 1, 2025. It mandates that the court provide written notice of this right to all parties, and if the court fails to do so, any subsequent proceedings will lack legal force. Additionally, if a party believes their rights have been violated by court orders, they can file a jury demand within 20 days, prompting a new hearing within the same timeframe. The bill also stipulates that the state must convince at least seven out of eight jurors of the necessity to remove a child from their home based on clear and convincing evidence.

Key differences from current law include the introduction of a jury trial right that cannot be arbitrarily denied, the requirement for the court to notify parties of this right, and the establishment of specific conditions under which a jury can reexamine court orders. The bill further asserts that a jury verdict takes precedence over judicial orders and state agency recommendations, and it imposes strict consequences on the Department of Child Safety (DCS) for non-compliance, including the termination of its authority over the child and a one-year suspension of its powers under Title 8.

Statutes affected:
Introduced Version: 8-223
Senate Engrossed Version: 8-223