Bill Text: TX HB2552 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to certain Department of Family and Protective Services procedures during an investigation of child abuse or neglect.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-03 - Committee report sent to Calendars [HB2552 Detail]
Download: Texas-2021-HB2552-Comm_Sub.html
87R14339 MLH-F | |||
By: Dutton | H.B. No. 2552 | ||
Substitute the following for H.B. No. 2552: | |||
By: Noble | C.S.H.B. No. 2552 |
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relating to certain Department of Family and Protective Services | ||
procedures during an investigation of child abuse or neglect. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.302, Family Code, is amended by | ||
amending Subsection (e) and adding Subsections (e-2) and (g) to | ||
read as follows: | ||
(e) An interview with a child or parent in which the | ||
allegations of the current investigation are discussed and that is | ||
conducted by the department during the investigation stage shall be | ||
audiotaped or videotaped unless, with respect to an interview with | ||
a child,[ |
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be recorded after the department makes a reasonable effort | ||
consistent with the child's age and development and the | ||
circumstances of the case to convince the child to allow the | ||
recording[ |
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(e-2) An interview with a child that is not recorded as | ||
required by Subsection (e) may not be admitted as evidence in a | ||
judicial proceeding under this title unless the court finds: | ||
(1) the child was unwilling to allow the interview to | ||
be recorded; and | ||
(2) the department made a reasonable effort consistent | ||
with the child's age and development and the circumstances of the | ||
case to convince the child to allow the recording. | ||
(g) During an investigation, the department may not: | ||
(1) require a parent or child to submit to a drug test; | ||
or | ||
(2) threaten or coerce a parent to consent to a drug | ||
test, including by notifying the parent that the child will be | ||
removed if the parent fails to consent to a drug test. | ||
SECTION 2. Section 261.302(e-2), Family Code, as added by | ||
this Act, applies only to an interview conducted on or after the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |