CN H.B. 2615 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 2615 By: MOWERY 5-2-97 Committee Report (Amended) BACKGROUND Currently, there is an increasing number of allegations of child abuse or neglect during the pendency of a suit affecting the parent-child relationship, which are either false or lack a factual foundation. These false allegations have resulted in increased caseloads for the Texas Department of Regulatory and Protective Services workers and forced its investigators to spend time on these cases creating a situation where cases with actual merit cannot be given the attention they deserve. While current law provides that sanctions may be given where false allegations have been made, few sanctions have been levied due in part to the fact that prosecutors are reluctant to pursue enforcement where no affirmative finding has been made at the trial court level in a suit affecting the parent-child relationship. PURPOSE To allow the court to include in a final order in a suit affecting the parent-child relationship, in which an allegation of child abuse or neglect has been alleged whether the party who made the allegation knew that the allegation was false or lacked factual foundation. It also provides that said court may impose a civil penalty not exceeding $500.00. 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. SECTION BY SECTION ANALYSIS SECTION 1Amends Section 105.006, Family Code, by adding Subsection (f) to provide that the court may include in a final order in a suit in which a party to the suit makes an allegation of child abuse or neglect a finding on whether the party who makes said allegation knew that the allegation was false or lacked factual foundation. Also, provides that the court may impose any sanction permitted under law. SECTION 2 Amends Section 153.013, Family Code, by adding Subsection (a) allowing the court to impose a civil fine of not more than $500 if the court finds that a party in a suit knowingly made a false allegation of child abuse. SECTION 3 Effective Date: September 1, 1997. SECTION 4 Emergency Clause. EXPLANATION OF AMENDMENT The amendment changes page 1, line 7 , "shall" to "may", where the court has discretion to include in a final order a finding that a party in a suit knowingly made a false allegation of child abuse or neglect. The amendment adds a new TFC Sec. 153.013(c), allowing for a civil penalty not exceeding $500 if the court finds a party in a suit made a knowingly false allegation of child abuse or neglect.