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) 2019-04-02 - Left pending in committee [HB4188 Detail]

Download: Texas-2019-HB4188-Introduced.html
  86R2083 MM-D
 
  By: Middleton H.B. No. 4188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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