S.B. No. 1578
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. Section 261.3017, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsections (c-1),
(c-2), and (e) to read as follows:
(b) Any agreement between the department and the network or
between the Department of State Health Services and the system to
provide assistance in connection with abuse and neglect
investigations conducted by the department must require the network
and the system to have the ability to obtain consultations with
physicians licensed to practice medicine in this state and board
certified in the relevant field or specialty, including
radiologists, geneticists, orthopedists, and endocrinologists, to
diagnose and treat certain [who specialize in identifying] unique
health conditions, including:
(1) rickets;
(2) Ehlers-Danlos Syndrome;
(3) osteogenesis imperfecta;
(4) vitamin D deficiency; and
(5) other medical conditions that mimic child
maltreatment or increase the risk of misdiagnosis of child
maltreatment [similar metabolic bone diseases or connective tissue
disorders].
(c) During [If, during] an abuse or neglect investigation
authorized by this subchapter or an assessment provided under
Subsection (b), the department [or a physician in the network
determines that a child requires a specialty consultation with a
physician, the department or the physician] shall refer the child's
case [to the system] for a specialty [the] consultation[,] if:
(1) the department determines the child requires a
specialty consultation with a physician;
(2) the child's primary care physician or other
primary health care provider who provided health care or treatment
or otherwise evaluated the child recommends a specialty
consultation; or
(3) the child's parent or legal guardian or, if
represented by an attorney, the attorney of the parent or legal
guardian requests a specialty consultation [the system has
available capacity to take the child's case].
(c-1) For a case in which a specialty consultation is
required by Subsection (c), the department shall refer the case to a
physician who:
(1) is licensed to practice medicine in this state
under Subtitle B, Title 3, Occupations Code;
(2) is board certified in a field or specialty
relevant to diagnosing and treating the conditions described by
Subsection (b); and
(3) was not involved with the report of suspected
abuse or neglect.
(c-2) Before referring a child's case under Subsection (c),
the department shall provide to the child's parent or legal
guardian or, if represented by an attorney, the attorney of the
parent or legal guardian written notice of the name, contact
information, and credentials of the specialist. The parent, legal
guardian, or attorney, as applicable, may object to the proposed
referral and request referral to another specialist. The
department and the parent, legal guardian, or attorney, as
applicable, shall collaborate in good faith to select an acceptable
specialist from the proposed specialists; however the department
may refer the child's case to a specialist over the objection of the
parent, legal guardian, or attorney.
(e) This section may not be construed to prohibit a child's
parent or legal guardian or, if represented by an attorney, the
attorney of the parent or legal guardian from otherwise obtaining
an alternative opinion at the parent's, legal guardian's, or
attorney's, as applicable, own initiative and expense. The
department shall accept and consider an alternative opinion
obtained and provided under this section and shall document its
analysis and determinations regarding the opinion.
SECTION 2. 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 3. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.30175 to read as follows:
Sec. 261.30175. MITIGATION OF PROVIDER CONFLICTS IN ABUSE
OR NEGLECT INVESTIGATION CONSULTATIONS. (a) In this section:
(1) "Forensic assessment" means a medical
examination, psychosocial evaluation, medical case review,
specialty evaluation, or other forensic evaluation service
conducted by a physician under Section 261.3017 in connection with
any investigation of a suspected case of abuse or neglect for the
primary purpose of providing the department, law enforcement, or
the court with expert advice, recommendations, or testimony on the
case.
(2) "Health care practitioner" means an individual
licensed, certified, or otherwise authorized to administer health
care services in the ordinary course of business or professional
practice. The term includes a physician, medical student, resident
physician, child abuse fellow, advanced practice registered nurse,
nurse, and physician assistant.
(3) "Network" has the meaning assigned by Section
261.3017.
(4) "System" has the meaning assigned by Section
261.3017.
(b) A health care practitioner who reports suspected abuse
or neglect of a child may not provide forensic assessment services
in connection with an investigation resulting from the report.
This subsection applies regardless of whether the practitioner is a
member of the network or system.
(c) When referring a case for forensic assessment, the
department shall refer the case to a physician authorized to
practice medicine in this state under Subtitle B, Title 3,
Occupations Code, who was not involved with the report of suspected
abuse or neglect.
(d) This section may not be construed to:
(1) prohibit the department from interviewing the
health care practitioner in the practitioner's capacity as a
principal or collateral source; or
(2) otherwise restrict the department's ability to
conduct an investigation as provided by this subchapter.
SECTION 4. 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 shall consider the
opinion of a medical professional obtained by an individual against
whom a protective order is sought.
SECTION 5. 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 6. 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 7. 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 shall consider the opinion of a medical professional obtained
by the child's parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian.
SECTION 8. 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 9. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1578 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1578 passed the House, with
amendments, on May 23, 2021, by the following vote: Yeas 144,
Nays 2, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor