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A BILL TO BE ENTITLED
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AN ACT
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relating to admissibility and disclosure of certain evidence in a |
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suit affecting the parent-child relationship filed by the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 104, Family Code, is amended by |
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designating Sections 104.001 through 104.008 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2. Chapter 104, Family Code, is amended by adding |
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Subchapter B to read as follows: |
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SUBCHAPTER B. SUITS FILED BY DEPARTMENT OF FAMILY AND PROTECTIVE |
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SERVICES |
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Sec. 104.101. DEFINITION. In this subchapter, "department" |
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means the Department of Family and Protective Services. |
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Sec. 104.102. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE |
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USE DISORDER TREATMENT OR EVALUATION. In a suit affecting the |
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parent-child relationship filed by the department concerning a |
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child who is alleged in the suit to have been abused or neglected, a |
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statement made by an individual undergoing voluntary or |
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court-ordered treatment for a substance use disorder, or undergoing |
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an evaluation for admission to treatment for a substance use |
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disorder, is not admissible for use against the individual if the |
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statement was made to any person involved in the individual's |
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treatment or evaluation. |
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Sec. 104.103. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL |
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HEALTH TREATMENT OR EVALUATION. In a suit affecting the |
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parent-child relationship filed by the department concerning a |
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child who is alleged in the suit to have been abused or neglected, a |
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statement made by an individual undergoing voluntary or |
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court-ordered therapeutic treatment for a mental illness, or |
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undergoing a psychological or psychiatric evaluation for that |
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treatment, is not admissible for use against the individual if the |
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statement was made to any person involved in the individual's |
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treatment or evaluation. |
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Sec. 104.104. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE |
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OR NEGLECT OF CHILD. In a suit affecting the parent-child |
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relationship filed by the department concerning a child who is |
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alleged in the suit to have been abused or neglected, an |
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out-of-court statement regarding the alleged abuse or neglect made |
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to the department under Subchapter B, Chapter 261, is not |
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admissible into evidence at any evidentiary proceeding unless the |
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statement can be independently corroborated by other evidence. |
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SECTION 3. Section 262.014, Family Code, is amended to read |
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as follows: |
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Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [On the |
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request of the attorney for a parent who is a party in a suit |
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affecting the parent-child relationship filed under this chapter, |
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or the attorney ad litem for the parent's child, the] Department of |
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Family and Protective Services shall, not later than the seventh |
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day before the date of the full adversary hearing, provide to each |
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party: |
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(1) the name of any person, excluding a department |
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employee, whom the department will call as a witness to any of the |
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allegations contained in the petition filed by the department and |
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any witness statement provided by the person; |
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(2) a copy of any offense report relating to the |
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allegations contained in the petition filed by the department that |
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will be used in court to refresh a witness's memory; [and] |
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(3) a copy of any photograph, video, or recording that |
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will be presented as evidence; |
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(4) a copy of any report submitted to the department by |
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a medical provider with the forensic assessment center network |
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regarding a child who is the subject of the suit; |
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(5) all exculpatory, impeachment, or mitigating |
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evidence in the possession, custody, or control of the department |
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or its agent that: |
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(A) is relevant to a parent who is a party in the |
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suit; and |
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(B) tends to negate any claim of abuse or neglect |
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of a child by the parent; and |
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(6) a true and correct copy of the department's |
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investigative file, including the intake report with only the name |
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of the reporting party redacted. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship filed by the |
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Department of Family and Protective Services on or after the |
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effective date of this Act. A suit affecting the parent-child |
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relationship filed by the department before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |
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* * * * * |