Bill Text: TX SB1578 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of opinions from medical professionals in making certain determinations relating to the abuse or neglect of a child.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1578 Detail]
Download: Texas-2021-SB1578-Engrossed.html
Bill Title: Relating to the use of opinions from medical professionals in making certain determinations relating to the abuse or neglect of a child.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1578 Detail]
Download: Texas-2021-SB1578-Engrossed.html
By: Kolkhorst | S.B. No. 1578 |
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relating to the use of opinions from medical professionals in | ||
making certain determinations relating to the abuse or neglect of a | ||
child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 261, Family Code, is | ||
amended by adding Section 261.30171 to read as follows: | ||
Sec. 261.30171. FORENSIC ASSESSMENT CENTER NETWORK | ||
EVALUATION. (a) In this section, "network" means the Forensic | ||
Assessment Center Network. | ||
(b) The department, with the assistance of the Supreme Court | ||
of Texas Children's Commission, shall: | ||
(1) evaluate the department's use of the network; and | ||
(2) develop joint recommendations to improve: | ||
(A) the evaluation of agreements between the | ||
department and the network; and | ||
(B) the best practices for using assessments | ||
provided by the network in connection with abuse and neglect | ||
investigations conducted by the department. | ||
(c) Not later than September 1, 2022, the department shall | ||
prepare and submit to the legislature a written report containing | ||
the department's findings and recommendations under Subsection (b) | ||
and any recommendations for legislative or other action. | ||
(d) This section expires September 1, 2023. | ||
SECTION 2. Section 261.504, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In making a determination whether the child is or has | ||
been a victim of abuse or neglect, the court may consider the | ||
opinion of a medical professional obtained by an individual against | ||
whom a protective order is sought. | ||
SECTION 3. Section 262.102, Family Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A determination under this section that there is an | ||
immediate danger to the physical health or safety of a child or that | ||
the child has been a victim of neglect or sexual abuse may not be | ||
based solely on the opinion of a medical professional under | ||
contract with the Department of Family and Protective Services who | ||
did not conduct a physical examination of the child. | ||
SECTION 4. Section 262.104, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An authorized representative of the Department of | ||
Family and Protective Services, a law enforcement officer, or a | ||
juvenile probation officer may not take possession of a child under | ||
Subsection (a) based solely on the opinion of a medical | ||
professional under contract with the Department of Family and | ||
Protective Services who did not conduct a physical examination of | ||
the child. | ||
SECTION 5. Section 262.201, Family Code, is amended by | ||
adding Subsection (i-1) to read as follows: | ||
(i-1) In making a determination whether there is an | ||
immediate danger to the physical health or safety of a child, the | ||
court may consider the opinion of a medical professional obtained | ||
by the child's parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit affecting the parent-child | ||
relationship filed before the effective date of this Act is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |