BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1141

89R25224 AMF-F

By: Miles

 

Health & Human Services

 

4/25/2025

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Individuals in Child Protective Services (CPS) investigations are often not informed of their rights before being interviewed by the Department of Family and Protective Services (DFPS). This lack of awareness can lead to procedural unfairness, with individuals unknowingly waiving important rights, such as the ability to record interviews or request an administrative review of DFPS findings. Courts currently do not have a mechanism to ensure that DFPS properly informs individuals of their rights before considering evidence obtained from interviews.

 

Key provisions of S.B. 1141 include:

 

         Requiring DFPS to inform individuals under investigation of their rights before conducting interviews.

         Requiring that courts verify in writing and in open court that DFPS provided the required notice before considering evidence from these interviews.

         The committee substitute removes parts of the original bill that would have blocked the use of any statements or information the person gave during the investigation if DFPS did not give that notice.

         Strengthening due process protections and ensuring fairer CPS investigations.

 

C.S.S.B. 1141 amends current law relating to confirming the provision of certain notices before the full adversary hearing 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 Subchapter C, Chapter 262, Family Code, by adding Section 262.2011, as follows:

 

Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. Requires the court, before commencement of the full adversary hearing, in writing and in open court, to confirm with an alleged perpetrator that:

 

(1) before interviewing the alleged perpetrator, the Department of Family and Protective Services (DFPS) informed the person of the person's right to create an audio or video recording of the interview under Section 261.3027 (Notice of Right to Record Interview) and request an administrative review of DFPS's findings under Section 261.3091 (Notice of Right to Request Administrative Review); and

 

(2) when DFPS first contacted the alleged perpetrator after initiating an investigation of a parent or other person having legal custody of a child, DFPS provided the person with the information required by Section 261.307 (Information Relating to Investigation Procedure and Child Placement Resources).

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2025.