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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures in certain suits affecting the parent-child |
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relationship filed by the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 262, Family Code, is |
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amended by adding Section 262.2011 to read as follows: |
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Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. |
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(a) Before commencement of the full adversary hearing, the court |
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shall, in writing and in open court, confirm that: |
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(1) before interviewing an alleged perpetrator, the |
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Department of Family and Protective Services informed the person of |
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the person's right to: |
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(A) create an audio or video recording of the |
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interview under Section 261.3027; and |
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(B) request an administrative review of the |
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Department of Family and Protective Services' findings under |
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Section 261.3091; and |
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(2) as soon as possible after initiating an |
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investigation of a parent or other person having legal custody of a |
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child, the Department of Family and Protective Services provided |
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the person with the information required by Section 261.307. |
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(b) Except as provided by Subsection (c), if the court |
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determines that an alleged perpetrator was not fully informed of |
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the person's rights described by Subsection (a)(1) or provided the |
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information described by Subsection (a)(2), the court may not |
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consider any evidence gathered from or provided by the alleged |
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perpetrator during the investigation or interview in the full |
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adversary hearing. |
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(c) The court may not exclude evidence under Subsection (b) |
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if the court finds that excluding that evidence may endanger the |
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child's physical health or significantly impair the child's |
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emotional development. |
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SECTION 2. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship that is filed on or |
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after the effective date of this Act. A suit filed before the |
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effective date of this Act is governed by the law in effect on the |
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date that the suit is filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |