Texas House Bill HB2308

Texas 2021 - 87th Regular

Caption

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

Impact

The amendments under HB2308 specifically impact the legal landscape surrounding child custody and welfare in Texas. By requiring more comprehensive evidence and detailed affidavits before a child can be removed from their home in emergency situations, the bill seeks to balance the need for immediate action in protecting children while ensuring that all reasonable efforts to keep families intact are documented and pursued. This law promotes the overarching goal of child safety while placing an emphasis on the judiciary's role in reviewing such high-stakes decisions effectively.

Summary

House Bill 2308 introduces amendments to the Texas Family Code concerning procedures in suits initiated by the Department of Family and Protective Services (DFPS) related to parent-child relationships. Primarily, the bill stipulates enhanced protocols for the initial filing of petitions by governmental entities requesting the emergency removal of a child from their home. Such petitions must now be accompanied by comprehensive affidavits detailing the circumstances justifying immediate action, including the presence of imminent danger to the child's physical health or safety. The bill also outlines processes for agreed orders regarding the removal of alleged perpetrators of abuse or neglect, designed to ensure that these agreements do not serve as admissions of guilt against the alleged parties.

Sentiment

The sentiment surrounding HB2308 appears to be generally supportive among lawmakers and stakeholders in child welfare, reflecting a recognition of the delicate balance between safeguarding children and preserving familial relationships where safely possible. However, concerns do arise around the possible implications for parental rights and the effects on families caught in the system, particularly regarding the paperwork burden placed on caseworkers and the potential for increased legal complexities in urgent situations.

Contention

Noteworthy points of contention include discussions on how the bill places additional procedural requirements on agencies like the DFPS, which some argue could slow down emergency responses in critical cases. Some advocates expressed concern that while the law is aimed at improving the process, it may inadvertently lead to delays in necessary interventions, risking further harm to vulnerable children. The bill's focus on detailed evidence might also complicate the balance between timely intervention and thorough judicial processes.