Texas House Bill HB2439

Texas 2023 - 88th Regular

• Filed: 2/17/23
• Out of House Committee: 4/11/23

Caption

Relating to the individuals to whom notice and information must be provided after the Department of Family and Protective Services or another agency takes possession of a child.

Impact

The implications of HB2439 are significant for state laws related to child custody and safety. By revising the Family Code, the bill seeks to ensure that victims of human trafficking, particularly mothers, are supported and protected throughout the custody process. The waiver of notice requirements in certain severe situations aims to streamline the intervention processes by DFPS while focusing on the safety and well-being of the child. This reform reflects an acknowledgment of the complexities involved in cases where familial abuse is suspected, ensuring that the mechanisms of the legal system work effectively to address these critical situations.

Summary

House Bill 2439 addresses the protocols surrounding the notification and provision of information by the Department of Family and Protective Services (DFPS) when it takes possession of a child. The bill emphasizes the need for the DFPS to reach out to relatives of the child to inform them of the custody process. Importantly, the bill allows for modifications to the existing legal requirements regarding notice based on specific situations, notably in cases of human trafficking. If the court finds that the alleged father has committed human trafficking against the mother, the typical requirement for notification may be waived, thus prioritizing the safety of the mother and child during such sensitive circumstances.

Sentiment

Sentiment surrounding HB2439 appears to be generally supportive, especially within the context of protecting vulnerable populations such as victims of human trafficking. Legislative discussions indicate a shared understanding of the challenges faced by affected families and the need for legal provisions that safeguard their rights. However, there may be concerns regarding the broader implications of waiving notice requirements, particularly around due process and the rights of other family members, which could lead to debates about the balance between efficiency in child welfare processes and the rights of parents.

Contention

A notable point of contention in the discussions around HB2439 is the waiver of notice requirements, which could adjust traditional processes in child custody cases. Opponents may argue that such waivers could undermine the legal rights of parents or guardians who might be unaware of custody actions being taken by DFPS. This concern reflects a broader debate regarding the balance between expeditious child protection measures and ensuring that all parties involved in custody disputes are adequately informed and allowed to participate in legal proceedings.

Texas Constitutional Statutes Affected

Family Code

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: 109
  • Section: 1095
  • Section: 109
  • Section: 1095