LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 29, 2011 TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB253 by Hilderbran (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.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The committee substitute would amend the Code of Criminal Procedure and the Penal Code to add bigamy with a minor to the list of offenses and limitations periods provided in the Code ofCriminal Procedure. The committee substitute would amend the Family Code regarding preventing or eliminating the need to remove a child from the child's home and who may reside with a child who is in danger of abuse or neglect, or has been removed from his or her home. The committee substitute would amend the Health and Safety Code to create a Class A misdemeanor for failure to file a birth certificate, as listed under Section 192.003, Health and Safety Code. According to the Department of Family and Protective Services (DFPS), the bill may have the effect of increasing the rate of reporting by professionals. DFPS indicates provisions of the bill are consistent with DFPS' experience that there are some cases of child abuse or neglect in which the circumstances of imminent danger are so emergent, and the family is so unwilling or unable to protect the child, that there are no reasonable efforts that can be made to prevent the removal without jeopardizing the child's health and safety. In these circumstances, the bill would allow the court to determine that DFPS met requirements related to making reasonable efforts to prevent removal.To the extent the bill would amend court procedures relating to child protection cases, no increase in judicial workloads, or significant fiscal implication to DFPS is anticipated. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of, 665 Juvenile Probation Commission, 696 Department of Criminal Justice LBB Staff: JOB, CL, GG, MWU
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 29, 2011
TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB253 by Hilderbran (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.), Committee Report 1st House, Substituted
TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB253 by Hilderbran (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.), Committee Report 1st House, Substituted
Honorable Richard Pena Raymond, Chair, House Committee on Human Services
Honorable Richard Pena Raymond, Chair, House Committee on Human Services
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB253 by Hilderbran (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.), Committee Report 1st House, Substituted
HB253 by Hilderbran (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.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The committee substitute would amend the Code of Criminal Procedure and the Penal Code to add bigamy with a minor to the list of offenses and limitations periods provided in the Code ofCriminal Procedure. The committee substitute would amend the Family Code regarding preventing or eliminating the need to remove a child from the child's home and who may reside with a child who is in danger of abuse or neglect, or has been removed from his or her home. The committee substitute would amend the Health and Safety Code to create a Class A misdemeanor for failure to file a birth certificate, as listed under Section 192.003, Health and Safety Code. According to the Department of Family and Protective Services (DFPS), the bill may have the effect of increasing the rate of reporting by professionals. DFPS indicates provisions of the bill are consistent with DFPS' experience that there are some cases of child abuse or neglect in which the circumstances of imminent danger are so emergent, and the family is so unwilling or unable to protect the child, that there are no reasonable efforts that can be made to prevent the removal without jeopardizing the child's health and safety. In these circumstances, the bill would allow the court to determine that DFPS met requirements related to making reasonable efforts to prevent removal.To the extent the bill would amend court procedures relating to child protection cases, no increase in judicial workloads, or significant fiscal implication to DFPS is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of, 665 Juvenile Probation Commission, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of, 665 Juvenile Probation Commission, 696 Department of Criminal Justice
LBB Staff: JOB, CL, GG, MWU
JOB, CL, GG, MWU