Digest: The Act says that a court shall order the return of a child taken into protective custody if the court finds that there is not clear and convincing evidence to support keeping the child from home. The Act also says that a DHS employee who does not return a child as ordered by the court has kidnapped the child. (Flesch Readability Score: 63.5).
Increases the standard of proof necessary to retain a child in protective custody after removal from the child's parent or guardian.
Expands the crime of kidnapping in the second degree to include circumstances when an employee of the Department of Human Services fails to comply with a court order to return a child taken into protective custody to the child's parent or guardian.