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.