88R10942 AMF-D
By: Hughes S.B. No. 1269
A BILL TO BE ENTITLED
AN ACT
relating to admissibility of certain evidence in a suit affecting
the parent-child relationship filed by the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Family Code, is amended by
designating Sections 104.001 through 104.008 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Chapter 104, Family Code, is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. SUITS FILED BY DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES
Sec. 104.101. DEFINITION. In this subchapter, "department"
means the Department of Family and Protective Services.
Sec. 104.102. ADMISSIBILITY OF EVIDENCE GENERALLY. In a
suit affecting the parent-child relationship filed by the
department concerning a child who is alleged in the suit to have
been abused or neglected and except as otherwise provided by law,
Chapter 38, Code of Criminal Procedure, applies to the
admissibility of evidence against the respondent in the same manner
as if the respondent were a defendant in a criminal prosecution.
Sec. 104.103. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE
USE DISORDER TREATMENT OR EVALUATION. In a suit affecting the
parent-child relationship filed by the department concerning a
child who is alleged in the suit to have been abused or neglected, a
statement made by an individual undergoing voluntary or
court-ordered treatment for a substance use disorder, or undergoing
an evaluation for admission to treatment for a substance use
disorder, is not admissible for use against the individual if the
statement was made to any person involved in the individual's
treatment or evaluation.
Sec. 104.104. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL
HEALTH TREATMENT OR EVALUATION. In a suit affecting the
parent-child relationship filed by the department concerning a
child who is alleged in the suit to have been abused or neglected, a
statement made by an individual undergoing voluntary or
court-ordered therapeutic treatment for a mental illness, or
undergoing a psychological or psychiatric evaluation for that
treatment, is not admissible for use against the individual if the
statement was made to any person involved in the individual's
treatment or evaluation.
Sec. 104.105. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE
OR NEGLECT OF CHILD. In a suit affecting the parent-child
relationship filed by the department concerning a child who is
alleged in the suit to have been abused or neglected, an
out-of-court statement regarding the alleged abuse or neglect made
to the department under Subchapter B, Chapter 261, is not
admissible into evidence at any evidentiary proceeding unless the
statement can be independently corroborated by other evidence.
SECTION 3. The change in law made by this Act applies to a
suit affecting the parent-child relationship filed by the
Department of Family and Protective Services on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed by the department before the effective date of
this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.