Texas 2021 - 87th Regular

Texas House Bill HB4055 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Meza, A. Johnson of Harris, et al. H.B. No. 4055
	1	+	87R11526 MCK-F
	2	+	By: Meza H.B. No. 4055
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to reporting and investigating certain cases of child
7	8		abuse or neglect involving a pregnant woman's use of a controlled
8	9		substance.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		SECTION 1. Section 261.101, Family Code, is amended by
11	12		adding Subsection (b-2) to read as follows:
12	13		(b-2) A professional providing prenatal, mental health, or
13	14		other medical care to a woman who voluntarily discloses to the
14	15		professional that the woman illegally used a controlled substance,
15	16		as defined by Chapter 481, Health and Safety Code, during pregnancy
16	17		is not required to make a report under this section if:
17		-	(1) the woman provides proof that:
18		-	(A) she is currently enrolled in or has recently
19		-	completed a substance abuse treatment program; or
20		-	(B) she made reasonable efforts to enroll in a
21		-	substance abuse program within five days of the date she made a
22		-	disclosure described by this subsection; or
	18	+	(1) the woman enrolls in or has successfully completed
	19	+	a substance abuse treatment program; or
23	20		(2) the professional determines:
24	21		(A) there is no immediate risk of harm to the
25	22		child from the exposure to the controlled substance; and
26	23		(B) the woman does not otherwise pose an
27	24		immediate risk of harm to the child.
28	25		SECTION 2. Section 261.301, Family Code, is amended by
29	26		amending Subsection (a) and adding Subsection (a-1) to read as
30	27		follows:
31	28		(a) Except as provided by Subsection (a-1), with [With]
32	29		assistance from the appropriate state or local law enforcement
33	30		agency as provided by this section, the department shall make a
34	31		prompt and thorough investigation of a report of child abuse or
35	32		neglect allegedly committed by a person responsible for a child's
36	33		care, custody, or welfare. The investigation shall be conducted
37	34		without regard to any pending suit affecting the parent-child
38	35		relationship.
39	36		(a-1) The department may not investigate a report of child
40	37		abuse or neglect allegedly committed by a woman based on the woman's
41	38		illegal use of a controlled substance, as defined by Chapter 481,
42	39		Health and Safety Code, during pregnancy if the woman enrolls in and
43	40		successfully completes a substance abuse treatment program under
44	41		the supervision of the referring or treating professional.
45	42		SECTION 3. This Act takes effect September 1, 2021.