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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting and investigating certain cases of child |
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abuse or neglect involving a pregnant person's use of a controlled |
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substance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.101, Family Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) A professional providing prenatal, mental health, or |
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other medical care to a person who voluntarily discloses to the |
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professional that the person illegally used a controlled substance, |
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as defined by Chapter 481, Health and Safety Code, during pregnancy |
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is not required to make a report under this section if: |
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(1) the person provides proof that: |
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(A) the person is currently enrolled in or has |
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recently completed a substance abuse treatment program; or |
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(B) the person made reasonable efforts to enroll |
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in a substance abuse treatment program within five days after the |
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date the person made a disclosure described by this subsection; or |
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(2) the professional determines: |
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(A) there is no immediate risk of harm to the |
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child from the exposure to the controlled substance; and |
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(B) the person does not otherwise pose an |
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immediate risk of harm to the child. |
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SECTION 2. Section 261.301, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), with [With] |
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assistance from the appropriate state or local law enforcement |
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agency as provided by this section, the department shall make a |
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prompt and thorough investigation of a report of child abuse or |
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neglect allegedly committed by a person responsible for a child's |
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care, custody, or welfare. The investigation shall be conducted |
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without regard to any pending suit affecting the parent-child |
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relationship. |
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(a-1) The department may not investigate a report of child |
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abuse or neglect allegedly committed by a person based on the |
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person's illegal use of a controlled substance, as defined by |
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Chapter 481, Health and Safety Code, during pregnancy if the person |
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enrolls in and successfully completes a substance abuse treatment |
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program under the supervision of the referring or treating |
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professional. |
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SECTION 3. This Act takes effect September 1, 2023. |