Texas 2023 - 88th Regular

Texas Senate Bill SB1269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hughes, et al. S.B. No. 1269
2	2	(Vasut)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to admissibility and disclosure of certain evidence in a
8	8	suit affecting the parent-child relationship filed by the
9	9	Department of Family and Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 104, Family Code, is amended by
12	12	designating Sections 104.001 through 104.008 as Subchapter A and
13	13	adding a subchapter heading to read as follows:
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	SECTION 2. Chapter 104, Family Code, is amended by adding
16	16	Subchapter B to read as follows:
17	17	SUBCHAPTER B. SUITS FILED BY DEPARTMENT OF FAMILY AND PROTECTIVE
18	18	SERVICES
19	19	Sec. 104.101. DEFINITION. In this subchapter, "department"
20	20	means the Department of Family and Protective Services.
21	21	Sec. 104.102. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE
22	22	USE DISORDER TREATMENT OR EVALUATION. In a suit affecting the
23	23	parent-child relationship filed by the department concerning a
24	24	child who is alleged in the suit to have been abused or neglected, a
25	25	statement made by an individual undergoing voluntary or
26	26	court-ordered treatment for a substance use disorder, or undergoing
27	27	an evaluation for admission to treatment for a substance use
28	28	disorder, is not admissible for use against the individual if the
29	29	statement was made to any person involved in the individual's
30	30	treatment or evaluation.
31	31	Sec. 104.103. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL
32	32	HEALTH TREATMENT OR EVALUATION. In a suit affecting the
33	33	parent-child relationship filed by the department concerning a
34	34	child who is alleged in the suit to have been abused or neglected, a
35	35	statement made by an individual undergoing voluntary or
36	36	court-ordered therapeutic treatment for a mental illness, or
37	37	undergoing a psychological or psychiatric evaluation for that
38	38	treatment, is not admissible for use against the individual if the
39	39	statement was made to any person involved in the individual's
40	40	treatment or evaluation.
41	41	Sec. 104.104. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE
42	42	OR NEGLECT OF CHILD. In a suit affecting the parent-child
43	43	relationship filed by the department concerning a child who is
44	44	alleged in the suit to have been abused or neglected, an
45	45	out-of-court statement regarding the alleged abuse or neglect made
46	46	to the department under Subchapter B, Chapter 261, is not
47	47	admissible into evidence at any evidentiary proceeding unless the
48	48	statement can be independently corroborated by other evidence.
49	49	SECTION 3. Section 262.014, Family Code, is amended to read
50	50	as follows:
51	51	Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [On the
52	52	request of the attorney for a parent who is a party in a suit
53	53	affecting the parent-child relationship filed under this chapter,
54	54	or the attorney ad litem for the parent's child, the] Department of
55	55	Family and Protective Services shall, not later than the seventh
56	56	day before the date of the full adversary hearing, provide to each
57	57	party:
58	58	(1) the name of any person, excluding a department
59	59	employee, whom the department will call as a witness to any of the
60	60	allegations contained in the petition filed by the department and
61	61	any witness statement provided by the person;
62	62	(2) a copy of any offense report relating to the
63	63	allegations contained in the petition filed by the department that
64	64	will be used in court to refresh a witness's memory; [and]
65	65	(3) a copy of any photograph, video, or recording that
66	66	will be presented as evidence;
67	67	(4) a copy of any report submitted to the department by
68	68	a medical provider with the forensic assessment center network
69	69	regarding a child who is the subject of the suit;
70	70	(5) all exculpatory, impeachment, or mitigating
71	71	evidence in the possession, custody, or control of the department
72	72	or its agent that:
73	73	(A) is relevant to a parent who is a party in the
74	74	suit; and
75	75	(B) tends to negate any claim of abuse or neglect
76	76	of a child by the parent; and
77	77	(6) a true and correct copy of the department's
78	78	investigative file, including the intake report with only the name
79	79	of the reporting party redacted.
80	80	SECTION 4. The change in law made by this Act applies to a
81	81	suit affecting the parent-child relationship filed by the
82	82	Department of Family and Protective Services on or after the
83	83	effective date of this Act. A suit affecting the parent-child
84	84	relationship filed by the department before the effective date of
85	85	this Act is governed by the law in effect on the date the suit was
86	86	filed, and the former law is continued in effect for that purpose.
87	87	SECTION 5. This Act takes effect September 1, 2023.