| |
| |
|
|
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. |