| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain information to which a social study evaluator |
|
|
is entitled in a suit affecting the parent-child relationship; |
|
|
providing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 107, Family Code, is |
|
|
amended by adding Section 107.05145 to read as follows: |
|
|
Sec. 107.05145. SOCIAL STUDY EVALUATOR ACCESS TO |
|
|
INVESTIGATIVE RECORDS OF DEPARTMENT OF FAMILY AND PROTECTIVE |
|
|
SERVICES; OFFENSE. (a) A social study evaluator is entitled to |
|
|
obtain from the Department of Family and Protective Services a |
|
|
complete, unredacted copy of any investigative record regarding |
|
|
abuse or neglect that relates to any person residing in the |
|
|
residence subject to the social study. |
|
|
(b) Except as provided by this section, records obtained by |
|
|
a social study evaluator from the Department of Family and |
|
|
Protective Services under this section are confidential and not |
|
|
subject to disclosure under Chapter 552, Government Code, or to |
|
|
disclosure in response to a subpoena or a discovery request. |
|
|
(c) A social study evaluator may disclose information |
|
|
obtained under Subsection (a) in the social study report only to the |
|
|
extent the evaluator determines that the information is relevant to |
|
|
the social study or a recommendation made under this subchapter. |
|
|
(d) A person commits an offense if the person discloses |
|
|
confidential information obtained from the Department of Family and |
|
|
Protective Services in violation of this section. An offense under |
|
|
this subsection is a Class A misdemeanor. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |