Bill Text: TX HB811 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-20 - Failed to receive affirmative vote in comm. [HB811 Detail]
Download: Texas-2023-HB811-Introduced.html
| 88R3084 AMF-F | ||
| By: Meza | H.B. No. 811 | |
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| relating to reporting and investigating certain cases of child | ||
| abuse or neglect involving a pregnant person's use of a controlled | ||
| substance. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 261.101, Family Code, is amended by | ||
| adding Subsection (b-2) to read as follows: | ||
| (b-2) A professional providing prenatal, mental health, or | ||
| other medical care to a person who voluntarily discloses to the | ||
| professional that the person illegally used a controlled substance, | ||
| as defined by Chapter 481, Health and Safety Code, during pregnancy | ||
| is not required to make a report under this section if: | ||
| (1) the person provides proof that: | ||
| (A) the person is currently enrolled in or has | ||
| recently completed a substance abuse treatment program; or | ||
| (B) the person made reasonable efforts to enroll | ||
| in a substance abuse treatment program within five days after the | ||
| date the person made a disclosure described by this subsection; or | ||
| (2) the professional determines: | ||
| (A) there is no immediate risk of harm to the | ||
| child from the exposure to the controlled substance; and | ||
| (B) the person does not otherwise pose an | ||
| immediate risk of harm to the child. | ||
| SECTION 2. Section 261.301, Family Code, is amended by | ||
| amending Subsection (a) and adding Subsection (a-1) to read as | ||
| follows: | ||
| (a) Except as provided by Subsection (a-1), with [ |
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| assistance from the appropriate state or local law enforcement | ||
| agency as provided by this section, the department shall make a | ||
| prompt and thorough investigation of a report of child abuse or | ||
| neglect allegedly committed by a person responsible for a child's | ||
| care, custody, or welfare. The investigation shall be conducted | ||
| without regard to any pending suit affecting the parent-child | ||
| relationship. | ||
| (a-1) The department may not investigate a report of child | ||
| abuse or neglect allegedly committed by a person based on the | ||
| person's illegal use of a controlled substance, as defined by | ||
| Chapter 481, Health and Safety Code, during pregnancy if the person | ||
| enrolls in and successfully completes a substance abuse treatment | ||
| program under the supervision of the referring or treating | ||
| professional. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
