BILL ANALYSIS
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Senate Research Center |
C.S.S.B. 1269 |
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88R19988 AMF-D |
By: Hughes |
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State Affairs |
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3/28/2023 |
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Committee Report (Substituted) |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 1269 amends Chapter 104 of the Family Code to protect certain statements from disclosure and admission into evidence during the trial of a suit involving the Department of Family and Protective Services (DFPS). This bill also prevents the admission of evidence in a termination trial where the State is the petitioner when the Code of Criminal Procedure would prevent the admission of the evidence in a criminal case.
These protections are necessary to protect the fundamental rights of parents. 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 you would when the State is prosecuting them for a crime.
S.B. 1269 adds protections for statements that a parent makes during the course of substance abuse evaluations and treatment, psychological exams or therapy, counseling sessions, etc. This is necessary because often a parent will refrain from divulging information necessary for treatment, either because a criminal case is pending, or because the parent is otherwise asserting a 5th Amendment right not to incriminate him/herself. DFPS often requires parents to admit wrongdoing, which causes a severe conflict and interferes with the parent's constitutional rights.
The bill also prevents the statement of a confidential reporter from being admitted into evidence unless such statement can be independently corroborated by another source. This is hearsay and highly prejudicial without any other evidence to back it up.
Finally, the bill prevents any evidence from being admitted at a hearing or trial unless it is admitted in compliance with the Code of Criminal Procedure. For instance, in a criminal case, the results of drug tests are not admissible against the accused unless there is a sponsoring witness or the defense does not object. The same should apply in termination cases where the State is a party.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1269 amends current law relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 104, Family Code, by designating Sections 104.001 through 104.008 as Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Amends Chapter 104, Family Code, by adding Subchapter B, as follows:
SUBCHAPTER B. SUITS FILED BY DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES
Sec. 104.101. DEFINITION. Defines "department."
Sec. 104.102. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE USE DISORDER TREATMENT OR EVALUATION. Provides that a statement made by 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, in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services (DFPS) concerning a child who is alleged in the suit to have been abused or neglected, is not admissible for use against the individual if the statement was made to any person involved in the individual's treatment or evaluation.
Sec. 104.103. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL HEALTH TREATMENT OR EVALUATION. Provides that a statement made by an individual undergoing voluntary or court-ordered therapeutic treatment for a mental illness, or undergoing a psychological or psychiatric evaluation for that treatment, in a suit affecting the parent-child relationship filed by DFPS concerning a child who is alleged in the suit to have been abused or neglected, is not admissible for use against the individual if the statement was made to any person involved in the individual's treatment or evaluation.
Sec. 104.104. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE OR NEGLECT OF CHILD. Provides that an out-of-court statement regarding the alleged abuse or neglect made to DFPS under Subchapter B (Report of Abuse or Neglect; Immunities), Chapter 261, in a suit affecting the parent-child relationship filed by DFPS concerning a child who is alleged in the suit to have been abused or neglected, is not admissible into evidence at any evidentiary proceeding unless the statement can be independently corroborated by other evidence.
SECTION 3. Amends Section 262.014, Family Code, as follows:
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. Requires DFPS to provide to each party, not later than the seventh day before the date of the full adversary hearing:
(1) the name of any person, excluding a DFPS employee, whom DFPS will call as a witness to any of the allegations contained in the petition filed by DFPS and any witness statement provided by the person;
(2)-(3) makes nonsubstantive changes to these subdivisions;
(4) 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;
(5) all exculpatory, impeachment, or mitigating evidence in the possession, custody, or control of DFPS or its agent that:
(A) is relevant to a parent who is a party in the suit; and
(B) tends to negate any claim of abuse or neglect of a child by the parent; and
(6) a true and correct copy of DFPS's investigative file, including the intake report with only the name of the reporting party redacted.
Deletes existing text requiring DFPS, on the request of the attorney for a parent who is a party in a suit affecting the parent-child relationship filed under Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child) or the attorney ad litem for the parent's child, to provide to each party, before the adversary hearing, certain information.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2023. �