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Senate Bill 1440 |
Senate Author: Watson et al. |
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Effective: Vetoed |
House Sponsor: Madden |
Senate Bill 1440 amends the Family Code to clarify that certain proposed orders or judgments of an associate judge in Title IV-D or child protection cases become the order or judgment of the referring court without the signature of the judge of the referring court if a request for a de novo hearing is not timely filed or the right to such hearing is waived.
Senate Bill 1440 establishes procedures for the Department of Family and Protective Services to request a court to render an order to assist the department in an investigation of a report of child abuse or neglect, on presentation of an application supported by an affidavit, without prior notice or a hearing including orders issued to transport a child, gain entrance to any place where a child may be, release a child's prior medical, psychological, psychiatric, or other records, or examine a child.
Reason Given for Veto: "As a result of Gates v. Texas Department of Protective and Regulatory Services, Senate Bill No. 1440 would establish guidelines for Texas Department of Family and Protective Services (DFPS) caseworkers to follow when making entry and transport-for-interview decisions in alleged child abuse and neglect cases. The court’s decision in Gates is extremely narrow in its articulation of the standards that must be met for transporting a child to conduct an interview. The decision also creates uncertainty about how court orders allowing such transport are to be obtained by DFPS under existing law. This court-created uncertainty must be addressed. Senate Bill No. 1440, however, overreaches and may not give due consideration to the Fourth Amendment rights of a parent or guardian.
"DFPS is charged with protecting the unprotected, and all parties involved benefit when procedures are clear and easily understood. Texas law should provide a clearly delineated investigative process that not only supports the rights of parents and guardians, but also provides DFPS with the proper authority and flexibility to protect the most vulnerable Texans.
"I am directing DFPS, through its parental advisory committee, to study the effect of the Gates decision on the ability of the department to appropriately enter a residence and, if necessary for the protection of the child, to transport the child for interviews in a neutral location. I am also directing DFPS, through its parental advisory committee, to develop and recommend statewide procedures to follow when seeking court orders to aid investigations, while protecting the rights of parents and families."