By: Kolkhorst S.B. No. 1578
(Frank)
A BILL TO BE ENTITLED
AN ACT
relating to the use of opinions from medical professionals in
making certain determinations relating to the abuse or neglect of a
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.30171 to read as follows:
Sec. 261.30171. FORENSIC ASSESSMENT CENTER NETWORK
EVALUATION. (a) In this section, "network" means the Forensic
Assessment Center Network.
(b) The department, with the assistance of the Supreme Court
of Texas Children's Commission, shall:
(1) evaluate the department's use of the network; and
(2) develop joint recommendations to improve:
(A) the evaluation of agreements between the
department and the network; and
(B) the best practices for using assessments
provided by the network in connection with abuse and neglect
investigations conducted by the department.
(c) Not later than September 1, 2022, the department shall
prepare and submit to the legislature a written report containing
the department's findings and recommendations under Subsection (b)
and any recommendations for legislative or other action.
(d) This section expires September 1, 2023.
SECTION 2. Section 261.504, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In making a determination whether the child is or has
been a victim of abuse or neglect, the court may consider the
opinion of a medical professional obtained by an individual against
whom a protective order is sought.
SECTION 3. Section 262.102, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A determination under this section that there is an
immediate danger to the physical health or safety of a child or that
the child has been a victim of neglect or sexual abuse may not be
based solely on the opinion of a medical professional under
contract with the Department of Family and Protective Services who
did not conduct a physical examination of the child.
SECTION 4. Section 262.104, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) An authorized representative of the Department of
Family and Protective Services, a law enforcement officer, or a
juvenile probation officer may not take possession of a child under
Subsection (a) based solely on the opinion of a medical
professional under contract with the Department of Family and
Protective Services who did not conduct a physical examination of
the child.
SECTION 5. Section 262.201, Family Code, is amended by
adding Subsection (i-1) to read as follows:
(i-1) In making a determination whether there is an
immediate danger to the physical health or safety of a child, the
court may consider the opinion of a medical professional obtained
by the child's parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian.
SECTION 6. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.