The "Protect Families from Government Overreach Act" aims to safeguard the rights of legal guardians and custodial parents of minor children by ensuring the timely restoration of custody and property when criminal charges are resolved favorably. The bill mandates that the Department of Human Services restore physical custody of children within 72 hours if all criminal charges against a parent or guardian are dismissed or result in a not guilty verdict. Additionally, the Department is required to return all personal property and records taken during the removal process. However, if ongoing risks to the child are identified, the Department must file an emergency motion and provide evidence of an imminent threat to justify continued separation.
The legislation also establishes strict timelines for the expungement of records related to dismissed criminal charges, requiring compliance within 72 hours. Noncompliance by the Department may lead to audits, civil penalties, and potential criminal charges against personnel for misconduct. The act emphasizes the importance of due process and the constitutional right to familial association, while also allowing for exceptions in cases where child safety is a concern. The bill is set to take effect on November 1, 2025.