By: Zaffirini S.B. No. 673
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting and investigating certain causes of child
  abuse or neglect involving a pregnant woman's use of a controlled
  substance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.101, Family Code, is amended by
  adding Subsection (b-2) to read as follows:
         (b-2)  A professional providing prenatal, mental health, or
  other medical care to a woman who voluntarily discloses to the
  professional that the woman illegally used a controlled substance,
  as defined by Chapter 481, Health and Safety Code, during pregnancy
  is not required to make a report under this section if:
               (1)  the woman provides proof that:
                     (A)  she is currently enrolled in or has recently
  completed a substance abuse treatment program; or
                     (B)  she made reasonable efforts to enroll in a
  substance abuse treatment program within five days after the date
  she made a disclosure described by this subsection; or
               (2)  the professional determines:
                     (A)  there is no immediate risk of harm to the
  child from the exposure to the controlled substance; and
                     (B)  the woman does not otherwise pose an
  immediate risk of harm to the child.
         SECTION 2.  Section 261.301, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), with [With]
  assistance from the appropriate state or local law enforcement
  agency as provided by this section, the department shall make a
  prompt and thorough investigation of a report of child abuse or
  neglect allegedly committed by a person responsible for a child's
  care, custody, or welfare.  The investigation shall be conducted
  without regard to any pending suit affecting the parent-child
  relationship.
         (a-1)  The department may not investigate a report of child
  abuse or neglect allegedly committed by a woman based on the woman's
  illegal use of a controlled substance, as defined by Chapter 481,
  Health and Safety Code, during pregnancy if the woman enrolls in and
  successfully completes a substance abuse treatment program under
  the supervision of the referring or treating professional.
         SECTION 3.  This Act takes effect September 1, 2023.