Possible bill to prevent another Josh Powell incident

I have already written extensively about the very sad disappearance of Susan Powell and the even more infamous aftermath. Well, I just found out that Utah’s legislature has approved a bill in part because of Josh Powell’s murder/suicide of his two children, which would allow children to be taken into protective custody if their parent is a suspect in a murder:

Nothing in the bill changes the presumption of innocence, said sponsor Sen. Todd Weiler, R-Woods Cross.

Rep. Craig Hall, R-West Valley City, said a child should never have to live in a home where a parent, guilty or not, is the primary suspect in a homicide because of the emotional stress it would cause.

I’m not sure this will go anywhere — it has to be voted on, and if passed into law it may be challenged in court. Nor am I sure the bill is a good idea, because sometimes it turns out a suspect was totally innocent, and this fact isn’t discovered for years, during which time an innocent person might be separated from their children to the detriment of both. Richard Ricci, who was long the prime suspect in the Elizabeth Smart case, is an example that comes to mind. Richard Jewell, the guy whom for awhile everyone was blaming for the bombing at the 1996 Olympics, is another.

The bill, if it had been in place in Washington State (and the article mentions they tried and failed to enact a version of it there) would not, in any case, have saved Charlie and Braden Powell. Those boys were ALREADY in protective custody when Josh murdered them, staying with their grandparents. In fact, it appears he killed them for precisely that reason — a sort of “if I can’t have them no one can.” It’s like how, in abusive relationships, women are most likely to be killed if they leave or try to leave the abuser than if they stay.

I think in a situation like that — where there is a suspect in a homicide but not enough evidence for charges, and that suspect happens to have minor children — it’s a no-win situation.