Texas 2023 - 88th Regular

Texas House Bill HB63

Filed
11/14/22  
Out of House Committee
4/11/23  
Voted on by House
4/26/23  
Out of Senate Committee
5/11/23  
Voted on by Senate
5/18/23  
Governor Action
6/9/23  

Caption

Relating to reports of child abuse or neglect and certain preliminary investigations of those reports.

Impact

The bill's enactment will effectively alter existing practices by prohibiting anonymous reporting, which proponents believe will streamline investigations and discourage misuse of the reporting system. Furthermore, it clarifies which employees of the Department of Family and Protective Services (DFPS) may access the identities of those making reports and establishes rules for handling such information. Supporters argue that these changes will better protect children by ensuring that serious allegations are taken seriously and adequately investigated.

Summary

House Bill 63 addresses the reporting process for child abuse and neglect, amending the Texas Family Code to implement a strictly confidential reporting system. Under this bill, all reports made to Child Protective Services (CPS) must identify the reporting individual, as it will no longer accept anonymous reports. This legislative change aims to reduce the occurrence of fraudulent or frivolous reports, thereby enhancing the effectiveness of investigations into child abuse and neglect. The bill seeks to ensure that CPS has adequate information to substantiate claims of abuse or neglect before they proceed with investigations.

Sentiment

The sentiment surrounding HB 63 is mixed and largely contentious. While supporters praise the bill for its intention to strengthen child abuse investigations and reduce harmful false allegations, critics raise concerns about the potential chilling effect on individuals willing to report suspected abuse. Opponents argue that the lack of anonymity may deter some potential reporters from coming forward, especially in cases where they fear retaliation or harm. The tension highlights a conflict between ensuring accountability in reporting and maintaining an accessible reporting system for individuals who may be apprehensive about revealing their identities.

Contention

Debate over HB 63 has highlighted the balance between safeguarding children's welfare and protecting the rights of individuals making reports. Notably, some testimony in opposition to the bill came from representatives of children's advocacy centers, who expressed that the amendments could destabilize the protective environment needed for sensitive cases. Advocates for the bill, on the other hand, contend that removing anonymity will enhance the integrity of the reporting system. As such, the bill stands at the intersection of child protection efforts and maintaining the safety and confidentiality of individuals within vulnerable situations.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: New Section
    • Section: 201
    • Section: 304
    • Section: New Section
    • Section: 201
    • Section: 304
    • Section: 307
    • Section: New Section
    • Section: 201
    • Section: 304
    • Section: New Section
    • Section: 201
    • Section: 304
    • Section: New Section
    • Section: 304

Companion Bills

No companion bills found.

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