87R9675 MLH-F
By: Dutton H.B. No. 2552
A BILL TO BE ENTITLED
AN ACT
relating to certain Department of Family and Protective Services
procedures during an investigation of child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.302, Family Code, is amended by
amending Subsection (e) and adding Subsections (e-2) and (g) to
read as follows:
(e) An interview with a child in which the allegations of
the current investigation are discussed and that is conducted by
the department during the investigation stage shall be audiotaped
or videotaped unless[:
[(1) the recording equipment malfunctions and the
malfunction is not the result of a failure to maintain the equipment
or bring adequate supplies for the equipment;
[(2)] the child is unwilling to allow the interview to
be recorded after the department makes a reasonable effort
consistent with the child's age and development and the
circumstances of the case to convince the child to allow the
recording[; or
[(3) due to circumstances that could not have been
reasonably foreseen or prevented by the department, the department
does not have the necessary recording equipment because the
department employee conducting the interview does not ordinarily
conduct interviews].
(e-2) An interview with a child that is not recorded as
required by Subsection (e) may not be admitted as evidence in a
judicial proceeding under this title unless the court finds:
(1) the child was unwilling to allow the interview to
be recorded; and
(2) the department made a reasonable effort consistent
with the child's age and development and the circumstances of the
case to convince the child to allow the recording.
(g) During an investigation, the department may not:
(1) require a parent or child to submit to a drug test;
or
(2) threaten or coerce a parent to consent to a drug
test, including by notifying the parent that the child will be
removed if the parent fails to consent to a drug test.
SECTION 2. Section 261.302(e-2), Family Code, as added by
this Act, applies only to an interview conducted on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.