| 1 | 1 | | By: Huffman, et al. S.B. No. 330 |
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| 2 | 2 | | (Thompson of Harris) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain information to which a social study evaluator |
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| 8 | 8 | | is entitled in a suit affecting the parent-child relationship; |
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| 9 | 9 | | providing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 107, Family Code, is |
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| 12 | 12 | | amended by adding Section 107.05145 to read as follows: |
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| 13 | 13 | | Sec. 107.05145. SOCIAL STUDY EVALUATOR ACCESS TO |
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| 14 | 14 | | INVESTIGATIVE RECORDS OF DEPARTMENT OF FAMILY AND PROTECTIVE |
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| 15 | 15 | | SERVICES; OFFENSE. (a) A social study evaluator is entitled to |
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| 16 | 16 | | obtain from the Department of Family and Protective Services a |
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| 17 | 17 | | complete, unredacted copy of any investigative record regarding |
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| 18 | 18 | | abuse or neglect that relates to any person residing in the |
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| 19 | 19 | | residence subject to the social study. |
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| 20 | 20 | | (b) Except as provided by this section, records obtained by |
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| 21 | 21 | | a social study evaluator from the Department of Family and |
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| 22 | 22 | | Protective Services under this section are confidential and not |
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| 23 | 23 | | subject to disclosure under Chapter 552, Government Code, or to |
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| 24 | 24 | | disclosure in response to a subpoena or a discovery request. |
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| 25 | 25 | | (c) A social study evaluator may disclose information |
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| 26 | 26 | | obtained under Subsection (a) in the social study report only to the |
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| 27 | 27 | | extent the evaluator determines that the information is relevant to |
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| 28 | 28 | | the social study or a recommendation made under this subchapter. |
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| 29 | 29 | | (d) A person commits an offense if the person discloses |
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| 30 | 30 | | confidential information obtained from the Department of Family and |
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| 31 | 31 | | Protective Services in violation of this section. An offense under |
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| 32 | 32 | | this subsection is a Class A misdemeanor. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2013. |
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