BILL ANALYSIS

C.S.H.B. 4355

By: Wu

Juvenile Justice & Family Issues

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are unnecessary restrictions placed on judges relating to where the court is able to interview children about their wishes regarding conservatorship or custody. C.S.H.B. 4355 removes unnecessary restrictions on judges that require interviews with children to take place in chambers. This gives judges the freedom to exercise judicial discretion on interview location for children by allowing the court to interview children in other locations used by the court.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4355 amends the Family Code to revise provisions relating to a court's interview of a child in chambers in a suit affecting the parent-child relationship in a nonjury trial or at a hearing by authorizing the interview to be in another location used by the court. The bill clarifies the court's authority on its own motion and duty on the motion of a party, the amicus attorney, or the attorney ad litem for a child who is 12 years of age or older to cause a record of the interview to be made and be part of the record in the case. The bill requires a court to order the sealing of a record of an interview of a child by the court unless a party has filed a notice of appeal for the suit. The bill's provisions apply only to a suit affecting the parent-child relationship pending on the bill's effective date or filed on or after that date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4355 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a requirement absent from the introduced for a court to order the sealing of a record of an interview of a child unless a party has filed a notice of appeal for the suit.