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A BILL TO BE ENTITLED
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AN ACT
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relating to certain Department of Family and Protective Services |
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procedures during an investigation of child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.302, Family Code, is amended by |
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amending Subsection (e) and adding Subsections (e-2) and (g) to |
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read as follows: |
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(e) An interview with a child or parent in which the |
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allegations of the current investigation are discussed and that is |
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conducted by the department during the investigation stage shall be |
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audiotaped or videotaped unless, with respect to an interview with |
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a child,[: |
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[(1) the recording equipment malfunctions and the |
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malfunction is not the result of a failure to maintain the equipment |
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or bring adequate supplies for the equipment; |
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[(2)] the child is unwilling to allow the interview to |
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be recorded after the department makes a reasonable effort |
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consistent with the child's age and development and the |
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circumstances of the case to convince the child to allow the |
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recording[; or |
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[(3) due to circumstances that could not have been |
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reasonably foreseen or prevented by the department, the department |
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does not have the necessary recording equipment because the |
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department employee conducting the interview does not ordinarily |
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conduct interviews]. |
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(e-2) An interview with a child that is not recorded as |
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required by Subsection (e) may not be admitted as evidence in a |
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judicial proceeding under this title unless the court finds: |
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(1) the child was unwilling to allow the interview to |
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be recorded; and |
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(2) the department made a reasonable effort consistent |
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with the child's age and development and the circumstances of the |
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case to convince the child to allow the recording. |
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(g) During an investigation, the department may not: |
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(1) require a parent or child to submit to a drug test; |
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or |
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(2) threaten or coerce a parent to consent to a drug |
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test, including by notifying the parent that the child will be |
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removed if the parent fails to consent to a drug test. |
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SECTION 2. Section 261.302(e-2), Family Code, as added by |
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this Act, applies only to an interview conducted on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |