SB 23-024

Senate Bill 23-024, which has been signed into law, allows individuals involved in dependency and neglect cases to challenge court orders that restrict their First Amendment rights during contempt proceedings. This means if someone is accused of violating a court order by exercising their right to free speech, they can argue in court that the order itself violates their constitutional freedoms. The bill also ensures that indigent parents who cannot afford legal representation will receive help from the office of respondent parents' counsel when facing such charges. In practice, this law provides more protection for individuals’ First Amendment rights within the context of dependency and neglect cases.

Official Summary

The bill permits a person who is subject to a court order issued in a dependency and neglect proceeding to challenge the constitutionality of the court order in a contempt proceeding alleging the person violated the court order on the grounds that the court order violates the person's rights under the first amendment to the United States constitution. The bill states that a judgment of contempt for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech is an appealable judgment and that the court rules governing appeals in dependency and neglect proceedings apply to the appeal of the contempt judgment. The bill permits the office of the respondent parents' counsel to provide representation to indigent parents in a contempt proceeding for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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