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