BILL ANALYSIS

S.B. 1269

By: Hughes

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain protections are necessary to protect the fundamental rights of parents in certain suits filed by the Department of Family and Protective Services (DFPS). In the Texas Supreme Court's 2021 opinion, In the Interest of D.T., a Child, the court noted that termination of parental rights has been deemed "the death penalty of civil cases," and it only makes sense to protect parents in these cases as they would be protected when the state is prosecuting them for a crime. However, when parents are required to complete certain treatments or services under a family services plan, a parent may refrain from divulging information required for treatment for fear of self-incrimination. The Court of Appeals for the First District of Texas noted in its 2018 opinion, In the Interest of J.I.T. and J.A.T., Children, that DFPS required a parent to admit wrongdoing to alleviate DFPS's concerns regarding reunification. This court highlighted the "importance of a parent's constitutional rights and the necessity of clear and convincing evidence to terminate those rights." Additionally, due process is undermined when a child is removed from a parent or a parent is ordered to participate in services based solely on a confidential report that is not corroborated by evidence. S.B. 1269 seeks to address these issues by adding protections for statements that a parent makes during the course of substance abuse evaluations and treatment, psychological exams or therapy, and counseling sessions. S.B. 1269 also prevents the statement of a confidential reporter from being admitted into evidence unless such statement can be independently corroborated by another source.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1269 amends them Family Code to make statements by the following individuals in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services (DFPS) concerning a child who is alleged to have been abused or neglected inadmissible for use against the applicable individual if the statement was made to any person involved in the individual's treatment or evaluation:

· an individual undergoing voluntary or court-ordered treatment for a substance use disorder, or undergoing an evaluation for admission to treatment for a substance use disorder; or

· an individual undergoing voluntary or court-ordered therapeutic treatment for a mental illness, or undergoing a psychological or psychiatric evaluation for that treatment.

S.B. 1269 establishes that an out-of-court statement regarding the alleged abuse or neglect in such a suit made to DFPS by a person required to report child abuse or neglect is not admissible into evidence at any evidentiary proceeding unless the statement can be independently corroborated by other evidence.

S.B. 1269 replaces the requirement for DFPS to provide certain evidence in a suit affecting the parent-child relationship filed by a governmental entity before the full adversary hearing on the request of the attorney for a parent who is a party in the suit or the attorney ad litem for the parent's child with a requirement for DFPS to provide that evidence not later than the seventh day before the date of the full adversary hearing, to each party. The bill includes in the evidence that must be provided, the following:

· any witness statement provided by a person, excluding a DFPS employee, whom DFPS will call as a witness to any of the allegations contained in the petition filed by DFPS;

· a copy of any report submitted to DFPS by a medical provider with the forensic assessment center network regarding a child who is the subject of the suit;

· all exculpatory, impeachment, or mitigating evidence in the possession, custody, or control of DFPS or its agent that is relevant to a parent who is a party in the suit and tends to negate any claim of abuse or neglect of a child by the parent; and

· a true and correct copy of DFPS's investigative file, including the intake report with only the name of the reporting party redacted.

S.B. 1269 applies to a suit affecting the parent-child relationship filed by DFPS on or after the bill's effective date. A suit affecting the parent-child relationship filed by DFPS before that date 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.

EFFECTIVE DATE

September 1, 2023.