SRC-SLL H.B. 2615 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2615
By: Mowery (Moncrief)
Jurisprudence
5-18-97
Committee Report (Amended)


DIGEST 

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 Protective and Regulatory Services workers and forced its investigators
to spend time on these cases, creating a situation in which 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.  This bill will provide regulations regarding
certain findings concerning an allegation of child abuse or neglect in a
suit affecting the parent-child relationship. 

PURPOSE

As proposed, H.B. 2615 provides regulations regarding certain findings
concerning an allegation of child abuse or neglect in a suit affecting the
parent-child relationship. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 105.006, Family Code, by adding Subsection (f),
to authorize the court to 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 made the allegation knew that the allegation was
false or lacked factual foundation.  Authorizes the court to impose on a
party found to have made a false allegation of child abuse or neglect any
sanction permitted under law, including attorneys fees, costs of experts,
and any other costs. 

SECTION 2. Amends Section 153.013, Family Code, by adding Subsection (c),
to require the court to impose a civil penalty not to exceed $500 if the
court makes a finding under Subsection (a). 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

On page 1, line 12, between "law" and the period, insert the following:

",including attorneys fees, costs of experts, and any other costs".