Texas House Bill HB289

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to protective orders for certain children who are victims of abuse or neglect.

Impact

The bill plans to enhance child welfare protections in Texas by streamlining the process through which protective orders can be obtained. Instead of solely relying on parents or guardians to file orders — which can sometimes lead to delays — this legislation enables child protection agencies to act quickly when they identify a child in danger. This change aims to improve responses to incidents of abuse and ultimately aims to safeguard vulnerable children more effectively.

Summary

House Bill 289 pertains to the introduction of protective orders specifically aimed at protecting children who are victims of abuse or neglect. The bill amends Chapter 261 of the Family Code by adding Subchapter F, which establishes protocols for the filing of protective orders by the department responsible for child protective services. The proposal allows the department to file for such orders either on their own initiative or in coordination with a parent, relative, or caregiver, following a determination that the child is at immediate risk of further harm due to abuse or neglect.

Contention

While the aim of HB 289 is to provide faster intervention in cases of child abuse or neglect, there could be concerns over the implications of empowering government agencies to initiate protective orders. Proponents argue that this is a necessary measure to prevent further victimization of children, especially when parents may be complicit or unable to act promptly. However, detractors may raise issues regarding potential overreach, the adequacy of assessments made by the department, and the rights of parents or guardians in these situations. Establishing a balance between protecting children and respecting family rights may emerge as a key point of discussion during legislative sessions.