Texas House Bill HB658

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to immunity from civil and criminal liability for certain Department of Family and Protective Services contractors who participate in a child abuse or neglect investigation.

Impact

If passed, HB 658 would significantly influence state laws regarding the liabilities of those involved in child protective services. By granting immunity to contractors and volunteers, the legislation could foster a more collaborative environment within the DFPS, ensuring that individuals are willing to step forward and participate in investigations without the fear of legal ramifications. This change may help improve the efficiency of investigations related to child abuse and neglect, ultimately benefiting the protection of vulnerable children.

Summary

House Bill 658 seeks to amend the Family Code in Texas by extending immunity from civil and criminal liability to certain contractors and authorized volunteers of the Department of Family and Protective Services (DFPS) who are involved in investigations of child abuse or neglect. The aim of this legislation is to encourage participation in these critical investigations by providing legal protections to those acting in good faith in their professional capacities. The bill highlights the importance of thorough investigations into child welfare, given the sensitive nature of the subject matter and the potential repercussions on children and families involved.

Sentiment

The sentiment around HB 658 is generally supportive among child welfare advocates who believe that the bill will facilitate better outcomes in child protection cases. Proponents argue that by removing the fear of personal legal repercussions, more professionals will engage in the process, thereby strengthening the investigations. However, there may be concerns from legal experts and advocacy groups about the potential for reduced accountability and oversight for those working within the system, indicating a nuanced perspective on the implications of this bill.

Contention

Notable points of contention surrounding HB 658 include discussions about the balance between encouraging reporting and maintaining accountability. While the intent is to empower those investigating child abuse and neglect, critics may worry that such immunity could lead to instances where negligence or misconduct goes unchecked. This creates a tension between the need for protections that ensure the thorough investigation of abuse cases and the need for safeguards that hold individuals accountable for their actions within the child welfare system.

Texas Constitutional Statutes Affected

Family Code

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