Texas Senate Bill SB1163

Texas 2023 - 88th Regular

• Filed: 2/23/23

Caption

Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.

Impact

If enacted, SB1163 will fundamentally alter the procedures governing how names are added to the central registry. Currently, individuals can be placed on the registry without formal acknowledgment or substantiation of findings. SB1163 addresses these concerns by mandating notification to individuals regarding potential listings and outlining their rights to contest such listings. This change is expected to enhance accountability and provide individuals with an opportunity to defend their reputation in cases where they are wrongly accused.

Summary

Senate Bill 1163, introduced by Senator Birdwell, aims to establish due process standards for individuals being investigated by the Texas Department of Family and Protective Services (DFPS) for allegations of child abuse or neglect. The bill stipulates that before an individual's name can be added to the central child abuse or neglect registry, there must be a court substantiation of the claim. This legislative measure is a response to concerns over current practices that may lack transparency and adequate notification for those investigated.

Sentiment

The sentiment surrounding SB1163 has been largely positive, particularly from advocacy groups focused on family rights and due process. Supporters argue that the bill represents a significant step toward protecting individuals' rights and preventing wrongful listings on the registry. However, there are concerns from some lawmakers regarding the implications for child protective measures and the potential impact on case workers who need to manage investigations efficiently.

Contention

Notable points of contention emanate from the balance between protecting the rights of individuals and ensuring swift action in cases of actual child abuse or neglect. While some members advocate for robust due process protections, others worry that the additional procedural steps may impede the ability of DFPS to respond promptly to allegations. The ongoing discourse reflects broader tensions between individual rights and the state's duty to protect children within vulnerable family dynamics.

Texas Constitutional Statutes Affected

Family Code

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