88R3084 AMF-F
By: Meza H.B. No. 811
A BILL TO BE ENTITLED
AN ACT
relating to reporting and investigating certain cases of child
abuse or neglect involving a pregnant person's use of a controlled
substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101, Family Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) A professional providing prenatal, mental health, or
other medical care to a person who voluntarily discloses to the
professional that the person illegally used a controlled substance,
as defined by Chapter 481, Health and Safety Code, during pregnancy
is not required to make a report under this section if:
(1) the person provides proof that:
(A) the person is currently enrolled in or has
recently completed a substance abuse treatment program; or
(B) the person made reasonable efforts to enroll
in a substance abuse treatment program within five days after the
date the person made a disclosure described by this subsection; or
(2) the professional determines:
(A) there is no immediate risk of harm to the
child from the exposure to the controlled substance; and
(B) the person does not otherwise pose an
immediate risk of harm to the child.
SECTION 2. Section 261.301, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), with [With]
assistance from the appropriate state or local law enforcement
agency as provided by this section, the department shall make a
prompt and thorough investigation of a report of child abuse or
neglect allegedly committed by a person responsible for a child's
care, custody, or welfare. The investigation shall be conducted
without regard to any pending suit affecting the parent-child
relationship.
(a-1) The department may not investigate a report of child
abuse or neglect allegedly committed by a person based on the
person's illegal use of a controlled substance, as defined by
Chapter 481, Health and Safety Code, during pregnancy if the person
enrolls in and successfully completes a substance abuse treatment
program under the supervision of the referring or treating
professional.
SECTION 3. This Act takes effect September 1, 2023.