Texas 2009 - 81st Regular

Texas House Bill HB4255

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the protection of children by enforcing compulsory public school attendance requirements, ensuring reports of abuse or neglect, protecting children from abuse and neglect, and ensuring that births are reported and to the prosecution of the offense of bigamy; providing criminal penalties.

Impact

The bill amends several sections within the Family Code to redefine penalties associated with offenses related to child abuse and neglect. Notably, it escalates certain violations committed by professionals, categorizing them as Class A misdemeanors or state jail felonies upon subsequent offenses. This aims to deter neglect and abuse through stricter penalties, thereby influencing state laws concerning child welfare and the responsibilities of mandated reporters. The amendments could potentially lead to increased collaboration between law enforcement agencies and child protective services to ensure children’s safety.

Summary

House Bill 4255 focuses on the protection of children by enforcing compulsory public school attendance requirements and enhancing the reporting mechanisms for abuse or neglect. The bill seeks to address critical issues surrounding child welfare by reinforcing existing legal frameworks and ensuring that births are reported in a timely fashion. It proposes modifications to several sections of the Family Code to bolster protections against abuse and neglect, introducing new penalties and clarifying existing laws concerning the responsibilities of parents, professionals, and the legal system in cases of suspected abuse.

Contention

During discussions around HB 4255, some points of contention arose regarding the adequacy of the proposed penalties and whether they provide sufficient deterrence against abuse. Additionally, some stakeholders expressed concern about the practicality of enforcing mandatory reporting requirements and the potential for over-reach in familial privacy. Opponents against the stricter penalties argued that they might create a fear of repercussions that could inhibit professionals from reporting suspected abuse, thereby potentially undermining the bill's objective to protect vulnerable children.

Notable_points

One of the notable aspects of HB 4255 is its emphasis on the understanding that a child's health and safety must be the paramount concern in any proceedings involving their welfare. The bill also clarifies the circumstances under which courts may issue temporary restraining orders to protect children, reflecting a proactive stance against imminent dangers to their safety. There is a clear intent within the legislation to make it easier for authorities to act quickly in cases where children are at risk of harm.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1667

Relating to the reporting of child abuse or neglect.

TX HB4480

Relating to the prosecution and punishment of a criminal offense relating to making false statements or reports of child abuse or neglect.

TX HB3143

Relating to the reporting requirement for certain prohibited conduct by an employee of a public school and the definitions of abuse and neglect of a child.

TX HB672

Relating to the definition of child abuse and the prosecution of the criminal offense of abandoning or endangering a child.

TX SB576

Relating to the reporting, investigation, and prosecution of the criminal offense of financial abuse of an elderly individual.

TX HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX HB63

Relating to reports of child abuse or neglect and certain preliminary investigations of those reports.

TX SB515

Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

TX HB5176

Relating to an annual report published by the Department of Family and Protective Services regarding child protective services.

TX HB1398

Relating to extreme risk protective orders; creating criminal offenses.

Similar Bills

MT HB796

Providing for department of labor and industry and licensing boards to request health care information by administrative process

CA AB472

Classified school district and community college employees: compulsory leaves of absence: compensation.

MS HB1605

Families' Bill of Rights Act; create.

WV HB2584

Prohibiting the home schooling of children in certain circumstances

WV HB4600

Making it a felony for a “Person in a Position of Trust” to assault, batter, or verbally abuse a child, or neglect to report abuse they witness

VA HB2435

Model policy for law-enforcement officer investigating overdose; notification to prescriber.

VA HB1401

Community Policing Act; repeals Act.

TX HB253

Relating to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, ensuring that births are reported, and prosecuting the offense of bigamy; providing criminal penalties.