Texas House Bill HB2876

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09
• Voted on by House: 5/2/09
• Out of Senate Committee: 5/15/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/23/09
• Passed: 6/19/09

Caption

Relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation.

Impact

If enacted, HB 2876 will significantly alter the existing protocols surrounding sensitive information related to child abuse and neglect investigations. Currently, such information is highly protected, and the bill's amendments would create scenarios in which confidentiality could be bypassed when it serves the interest of judicial transparency in administrative hearings. This shift is intended to facilitate a more informed decision-making process by allowing for the sharing of crucial information when appropriate and necessary for the case at hand.

Summary

House Bill 2876 addresses the authority of administrative law judges in Texas regarding the disclosure of information linked to child abuse and neglect investigations. The bill modifies Section 261.201 of the Family Code, expressly allowing an administrative law judge to order the release of confidential information pertinent to child abuse cases during legal proceedings. This change aims to ensure that necessary information can be shared in relevant legal contexts, thereby enhancing the efficiency and effectiveness of judicial processes in child welfare cases.

Contention

Supporters of the bill may argue that allowing judges to access and reveal pertinent information could lead to more informed rulings in cases involving child welfare. Conversely, opponents might express concerns regarding the potential risks associated with disclosing sensitive information, including the possibility of compromising the privacy and safety of children involved in such cases. These discussions around confidentiality versus legal necessity highlight an ongoing tension in child welfare legislation, as lawmakers seek a balance between protecting children and ensuring judicial processes can operate effectively.