By: Brady H.B. No. 2395
73R3683 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to counseling for divorcing parents in circumstances in
1-3 which child abuse or neglect is alleged.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3.54(a) and (d), Family Code, are
1-6 amended to read as follows:
1-7 (a) After a petition for divorce is filed, the court may, in
1-8 its discretion, direct the parties to counsel with a person or
1-9 persons named by the court, who shall submit a written report to
1-10 the court before the hearing on the petition. If the court
1-11 receives a report from the Department of Protective and Regulatory
1-12 Services under Section 34.05(e) of this code that contains an
1-13 allegation that a party to a divorce pending before the court has
1-14 abused or neglected a child, the court shall order that the parties
1-15 to the divorce participate in counseling as required by this
1-16 section.
1-17 (d) No person who has counseled parties to a suit for
1-18 divorce under this section is competent to testify in any action
1-19 involving the parties or their children except for a proceeding
1-20 involving an allegation of the abuse or neglect of a child. The
1-21 files, records, and other work-products of the counselor are
1-22 privileged and confidential <for all purposes> and may not be
1-23 admitted as evidence in any action involving the parties or their
1-24 children except for a proceeding involving an allegation of the
2-1 abuse or neglect of a child.
2-2 SECTION 2. Section 34.05(e), Family Code, is amended to read
2-3 as follows:
2-4 (e) The agency designated by the court to be responsible for
2-5 the protection of children or the department shall make a complete
2-6 written report of the investigation. The report, together with its
2-7 recommendations, shall be submitted to the juvenile court or the
2-8 district court, the district attorney, and the appropriate law
2-9 enforcement agency if sufficient grounds for the institution of a
2-10 suit affecting the parent-child relationship are found. A report
2-11 under this section containing an allegation by a parent of a child
2-12 that the other parent of the child has abused or neglected the
2-13 child, together with the report's recommendations, shall be
2-14 submitted to the court in which a petition for the divorce of the
2-15 parents of the child is pending if the department has knowledge
2-16 that the parents are divorcing. If the investigation relates to an
2-17 allegation of abuse or neglect in a facility operated, licensed,
2-18 certified, or registered by a state agency, the agency shall report
2-19 as prescribed by Subchapter B of this chapter. If the
2-20 investigation relates to an allegation of abuse or neglect in a
2-21 facility that is not operated, licensed, certified, or registered
2-22 by a state agency, the department shall submit the report of the
2-23 investigation to the policymaking body of the facility for any
2-24 necessary corrective action.
2-25 SECTION 3. This Act takes effect September 1, 1993, and
2-26 applies only to an allegation of child abuse or neglect in a suit
2-27 for divorce filed on or after that date. An allegation of child
3-1 abuse or neglect in a suit for divorce filed before the effective
3-2 date of this Act is governed by the law in effect at the time the
3-3 suit was filed, and the former law is continued in effect for that
3-4 purpose.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.