| 1 | 1 | | 88R3084 AMF-F |
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| 2 | 2 | | By: Meza H.B. No. 811 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to reporting and investigating certain cases of child |
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| 8 | 8 | | abuse or neglect involving a pregnant person's use of a controlled |
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| 9 | 9 | | substance. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 261.101, Family Code, is amended by |
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| 12 | 12 | | adding Subsection (b-2) to read as follows: |
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| 13 | 13 | | (b-2) A professional providing prenatal, mental health, or |
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| 14 | 14 | | other medical care to a person who voluntarily discloses to the |
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| 15 | 15 | | professional that the person illegally used a controlled substance, |
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| 16 | 16 | | as defined by Chapter 481, Health and Safety Code, during pregnancy |
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| 17 | 17 | | is not required to make a report under this section if: |
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| 18 | 18 | | (1) the person provides proof that: |
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| 19 | 19 | | (A) the person is currently enrolled in or has |
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| 20 | 20 | | recently completed a substance abuse treatment program; or |
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| 21 | 21 | | (B) the person made reasonable efforts to enroll |
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| 22 | 22 | | in a substance abuse treatment program within five days after the |
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| 23 | 23 | | date the person made a disclosure described by this subsection; or |
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| 24 | 24 | | (2) the professional determines: |
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| 25 | 25 | | (A) there is no immediate risk of harm to the |
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| 26 | 26 | | child from the exposure to the controlled substance; and |
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| 27 | 27 | | (B) the person does not otherwise pose an |
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| 28 | 28 | | immediate risk of harm to the child. |
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| 29 | 29 | | SECTION 2. Section 261.301, Family Code, is amended by |
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| 30 | 30 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 31 | 31 | | follows: |
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| 32 | 32 | | (a) Except as provided by Subsection (a-1), with [With] |
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| 33 | 33 | | assistance from the appropriate state or local law enforcement |
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| 34 | 34 | | agency as provided by this section, the department shall make a |
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| 35 | 35 | | prompt and thorough investigation of a report of child abuse or |
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| 36 | 36 | | neglect allegedly committed by a person responsible for a child's |
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| 37 | 37 | | care, custody, or welfare. The investigation shall be conducted |
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| 38 | 38 | | without regard to any pending suit affecting the parent-child |
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| 39 | 39 | | relationship. |
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| 40 | 40 | | (a-1) The department may not investigate a report of child |
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| 41 | 41 | | abuse or neglect allegedly committed by a person based on the |
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| 42 | 42 | | person's illegal use of a controlled substance, as defined by |
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| 43 | 43 | | Chapter 481, Health and Safety Code, during pregnancy if the person |
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| 44 | 44 | | enrolls in and successfully completes a substance abuse treatment |
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| 45 | 45 | | program under the supervision of the referring or treating |
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| 46 | 46 | | professional. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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