Texas 2023 - 88th Regular

Texas House Bill HB347

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to law enforcement agency policies regarding the placement of a child taken into possession by a peace officer during the arrest of a person.

Impact

The proposed legislation brings significant implications for the process and policies surrounding law enforcement interactions with families. Notably, the bill could reduce the number of unnecessary CPS interventions, as officers would first look for a suitable caregiver before involving the state child welfare system. In doing so, HB 347 not only aligns with best practices in child welfare but also addresses previously identified issues where the immediate involvement of CPS could exacerbate trauma for the child. With Texas law enforcement recording over 56,000 calls to CPS, the intent is clearly to alleviate some of that burden from both law enforcement and child protective services while focusing on keeping families intact.

Summary

House Bill 347 focuses on law enforcement agency protocols regarding the placement of children who are taken into custody during the arrest of their parents. The bill mandates that police officers must seek to identify a competent adult to whom the child can be released, rather than immediately involving Child Protective Services (CPS). This initiative aims to minimize potential trauma to children while also ensuring that there is a safe and responsible arrangement for their care during such incidents. By prioritizing the child’s stability and continuity of care, the bill presents a more thoughtful approach to handling sensitive situations involving parental arrests.

Sentiment

The sentiment around HB 347 among lawmakers and advocacy groups appears largely positive, particularly among child welfare advocates who support the bill's goal to prevent unnecessary trauma to children. Organizations such as Texans Care for Children and the Texas Center for Justice and Equity expressed strong support for the bill, highlighting its potential to provide better outcomes for children during parental arrests. However, the bill's effectiveness will ultimately depend on its implementation and the training provided to law enforcement regarding the new protocols, which may remain a point of discussion as it progresses through the legislative process.

Contention

While the bill enjoys support from various stakeholders, there are underlying concerns regarding the practical execution of the policy. Questions may arise about how effectively law enforcement officers can identify caregivers in real-time during chaotic arrest situations. Additionally, there is apprehension about whether the officer's decision-making process will be adequately monitored to ensure that the child's best interests are truly prioritized. Thus, the bill's passage may invite discussions on necessary training and accountability measures to safeguard the welfare of children caught in these vulnerable circumstances.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.