Relating to requiring parties in a suit affecting the parent-child relationship to disclose to the court knowledge of certain registered sex offenders; providing a penalty.
The proposed amendments to the Family Code indicate that if parties reveal the presence of a registered sex offender in their extended family, the court is mandated to include protective measures in its custody orders. This means judges will have the ability to impose specific terms to safeguard children’s health and welfare. The legislation is geared towards preventing situations where children may be placed in potentially dangerous environments without the court's awareness of relevant family backgrounds.
House Bill 386 aims to enhance child safety in custody disputes by requiring parties in suits affecting the parent-child relationship to disclose to the court any knowledge of registered sex offenders within their extended family. The bill seeks to protect children by ensuring that courts are fully informed about potential risks before granting access or possession rights. It defines 'extended family' as relatives within the third degree of consanguinity or affinity, emphasizing the importance of this disclosure for the child's welfare.
A notable point of contention regarding HB386 is the consequences for failing to disclose such information. The bill stipulates penalties for parties who knowingly withhold information about a registered sex offender, including possible jail time and fines. This aspect raises concerns about fairness and the potential impacts on custody decisions, as some critics argue it could lead to undue burdens on individuals involved in custody disputes who may not have control over their extended family's actions. Furthermore, there are implications regarding privacy and legal rights that may emerge from this requirement.