By: Kolkhorst S.B. No. 1578
 
  (Frank)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of opinions from medical professionals in
  making certain determinations relating to the abuse or neglect of a
  child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 261, Family Code, is
  amended by adding Section 261.30171 to read as follows:
         Sec. 261.30171.  FORENSIC ASSESSMENT CENTER NETWORK
  EVALUATION. (a)  In this section, "network" means the Forensic
  Assessment Center Network.
         (b)  The department, with the assistance of the Supreme Court
  of Texas Children's Commission, shall:
               (1)  evaluate the department's use of the network; and 
               (2)  develop joint recommendations to improve:
                     (A)  the evaluation of agreements between the
  department and the network; and
                     (B)  the best practices for using assessments
  provided by the network in connection with abuse and neglect
  investigations conducted by the department.
         (c)  Not later than September 1, 2022, the department shall
  prepare and submit to the legislature a written report containing
  the department's findings and recommendations under Subsection (b)
  and any recommendations for legislative or other action.
         (d)  This section expires September 1, 2023.
         SECTION 2.  Section 261.504, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In making a determination whether the child is or has
  been a victim of abuse or neglect, the court may consider the
  opinion of a medical professional obtained by an individual against
  whom a protective order is sought.
         SECTION 3.  Section 262.102, Family Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A determination under this section that there is an
  immediate danger to the physical health or safety of a child or that
  the child has been a victim of neglect or sexual abuse may not be
  based solely on the opinion of a medical professional under
  contract with the Department of Family and Protective Services who
  did not conduct a physical examination of the child.
         SECTION 4.  Section 262.104, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An authorized representative of the Department of
  Family and Protective Services, a law enforcement officer, or a
  juvenile probation officer may not take possession of a child under
  Subsection (a) based solely on the opinion of a medical
  professional under contract with the Department of Family and
  Protective Services who did not conduct a physical examination of
  the child.
         SECTION 5.  Section 262.201, Family Code, is amended by
  adding Subsection (i-1) to read as follows:
         (i-1)  In making a determination whether there is an
  immediate danger to the physical health or safety of a child, the
  court may consider the opinion of a medical professional obtained
  by the child's parent, managing conservator, possessory
  conservator, guardian, caretaker, or custodian.
         SECTION 6.  The changes in law made by this Act apply only to
  a suit affecting the parent-child relationship filed on or after
  the effective date of this Act.  A suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2021.