Texas House Bill HB5193

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

Impact

If enacted, HB 5193 would significantly impact Texas family law by requiring detailed disclosures and protections for individuals under investigation by DFPS. The amendments aim to ensure that individuals are notified of the allegations against them and that certain procedural safeguards are in place, such as the admissibility of evidence under conditions similar to criminal law. This bill is expected to enhance the legal process for those involved in such sensitive and serious cases, promoting both accountability within the department and the rights of the individuals affected.

Summary

House Bill 5193 addresses specific procedures in suits affecting the parent-child relationship, particularly those filed by the Department of Family and Protective Services (DFPS). The bill seeks to amend the Family Code, establishing clearer requirements for petitions and evidence handling in cases involving child abuse or neglect. These changes are aimed at improving the transparency and consistency of legal proceedings related to child welfare, ensuring that all parties involved are adequately informed, and that their rights are protected throughout the legal process.

Sentiment

The sentiment surrounding HB 5193 appears to be generally favorable among legislators interested in child welfare and protecting individual rights within legal frameworks. Advocates for the bill argue that it promotes fairness and justice in family law proceedings. However, there may be concerns as well regarding the potential for bureaucratic challenges in implementing these new requirements, and how effectively they will safeguard the interests of children compared to existing laws.

Contention

One notable point of contention involves the balance between protecting children's welfare and ensuring due process for individuals accused of neglect or abuse. Some stakeholders may express concerns about the sufficiency of the notification process and whether it adequately upholds the confidentiality of reports made against individuals. Additionally, discussions around the bill may raise questions about the resource implications for DFPS in implementing the changes, as well as the overall efficacy of such amendments in genuinely improving child protection outcomes.

Texas Constitutional Statutes Affected

Family Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 104. Evidence
  • Section: New Section

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: New Section

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: New Section