BILL ANALYSIS

Senate Research Center	C.S.S.B. 2785
89R24173 RAL-D	By: Birdwell
	Criminal Justice
	4/30/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

County and district attorneys play a critical role in investigating and prosecuting cases of child abuse and neglect. Under current law, there is inconsistent and sometimes delayed communication between the Texas Department of Family and Protective Services (DFPS) and prosecuting attorneys regarding reports of child abuse or neglect. This can create challenges in ensuring timely and effective legal action to protect children at risk.

Currently, district attorneys must request reports of suspected abuse or neglect from DFPS, creating gaps where critical cases may not be immediately flagged for prosecutorial review. Furthermore, when such requests are made, delays in receiving full investigative information can hinder the ability of prosecutors to act swiftly. These delays also curb the ability of the defense to properly prepare for cases, which could deprive the defendant of due process.

S.B. 2785 would require DFPS to provide the county or district attorney a notice whenever DFPS receives a report of abuse or neglect. DFPS is also required to forward a copy of the report of abuse or neglect case upon the request of county or district attorney within 30 days and include all information, including confidential information. The released information is not subject to public information requests.

Committee Substitute:

Specifies that DFPS is only required to send reports of abuse or neglect expeditiously, within 30 days, to county and district attorneys upon the attorney's request and only for instances where an individual has been arrested in aggravated circumstances such as sexual assault, murder, indecency with a child, etc.

Reason for the changes:

C.S.S.B. 2785 is intended to tighten the shot group so only the most critical reports of abuse or neglect from DFPS are quickly sent to county and district attorneys upon their request. This investigative information is critical so that an alleged offender can receive a fair trial more expeditiously or be exonerated if the investigative report shows there is no evidence of abuse or neglect.

C.S.S.B. 2785 amends current law relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.

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 Section 261.1055, Family Code, as follows:

Sec. 261.1055. New heading: NOTIFICATION AND RELEASE OF CERTAIN INFORMATION TO COUNTY OR DISTRICT ATTORNEYS. (a) Authorizes a county or district attorney to inform the Department of Family and Protective Services (DFPS) that the county or district attorney wishes to receive notification of certain reports.

(b) Requires DFPS, if the county or district attorney makes the notification under Subsection (a), rather than this section, on receipt of a report of suspected abuse or neglect, to immediately notify the county or district attorney as requested and to forward a copy of the reports to the county or district attorney on request.

(c) Authorizes a county or district attorney, if the conduct that is the subject of an investigation of abuse or neglect constitutes an offense against a child under one of certain provisions of the Penal Code, on the arrest of a person for the offense, to request a copy of the report of the abuse or neglect investigation prepared by DFPS under Section 261.308 (Submission of Investigation Report) and all available information concerning the investigation.

(d) Requires DFPS, if a county or district attorney makes a request under Subsection (c), to forward a copy of the investigation report and any available information requested, including information that is confidential under Section 261.201 (Confidentiality and Disclosure of Information), not later than the 30th day after the date of the request.

(e) Provides that the investigation report and information released by DFPS to a county or district attorney under Subsection (d) is not subject to public release by the county or district attorney under Chapter 552 (Public Information), Government Code, and is authorized to only be disclosed for purposes consistent with certain provisions of the Code of Criminal Procedure.

SECTION 2. Effective date: September 1, 2025.