Texas Senate Bill SB388

Texas 2023 - 88th Regular

• Filed: 1/12/23

Caption

Relating to court orders to aid an investigation by the Department of Family and Protective Services.

Impact

If enacted, SB388 is set to enhance the powers of the courts in urgent child welfare cases, thereby streamlining the investigative process for the DFPS. The proposed amendments aim to facilitate better protection for children by ensuring that the necessary information and access required for investigations are readily available, even in the absence of parental consent. This represents a significant shift in how courts interact with family law and child protective services, foregrounding child safety in legal proceedings.

Summary

Senate Bill 388, introduced by Senator Hall, seeks to amend the Family Code regarding court orders to assist the Department of Family and Protective Services (DFPS) during investigations related to child welfare. The key provisions include the requirement for court orders to allow access to a child's home or school when consent cannot be obtained, provided there is probable cause indicating a risk of abuse or neglect. Additionally, the bill clarifies procedures around the release of a child's medical and psychological records under similar circumstances.

Sentiment

Overall, the sentiment surrounding SB388 appears to be supportive among child welfare advocates who argue that it will enable quicker and more effective responses to potential abuse cases. However, there may also be concerns regarding the balance of parental rights and the state's role in a child's protection, leading to discussions about privacy and due process in sensitive family situations. Ensuring that investigations do not violate individual rights while prioritizing child safety is a critical point of focus.

Contention

Notable points of contention may arise in the context of the bill's implications for ex parte hearings, as it establishes that such hearings for orders related to investigations should not be conducted unless there is a verified immediate risk to the child. Critics might argue that this provision needs careful oversight to prevent potential overreach and abuse of power by the state, especially in emotionally charged family settings where the stakes are high.

Texas Constitutional Statutes Affected

Family Code

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: 303