Bill Text: TX HB4188 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of the Department of Family and Protective Services to conduct certain interviews of a child who is the subject of a report of abuse or neglect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-02 - Left pending in committee [HB4188 Detail]
Download: Texas-2019-HB4188-Introduced.html
86R2083 MM-D | ||
By: Middleton | H.B. No. 4188 |
|
||
|
||
relating to the authority of the Department of Family and | ||
Protective Services to conduct certain interviews of a child who is | ||
the subject of a report of abuse or neglect. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.302, Family Code, is amended by | ||
adding Subsections (b-2) and (b-3) to read as follows: | ||
(b-2) The department may not interview the child at the | ||
child's school as part of an investigation unless: | ||
(1) the child's parent or other person having custody | ||
of the child consents in writing to the interview; or | ||
(2) the department obtains a court order for the | ||
interview. | ||
(b-3) This section does not limit the authority of a law | ||
enforcement agency to perform its duties under any other law. | ||
SECTION 2. Section 261.302, Family Code, as amended by this | ||
Act, applies only to an investigation of a report of abuse or | ||
neglect of a child initiated by the Department of Family and | ||
Protective Services on or after the effective date of this Act. An | ||
investigation initiated by the department before that date is | ||
governed by the law in effect on the date the investigation was | ||
initiated, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |