Bill Text: TX SB673 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the reporting and investigating certain causes of child abuse or neglect involving a pregnant woman's use of a controlled substance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to Health & Human Services [SB673 Detail]
Download: Texas-2023-SB673-Introduced.html
By: Zaffirini | S.B. No. 673 | |
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relating to the reporting and investigating certain causes of child | ||
abuse or neglect involving a pregnant woman'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 woman who voluntarily discloses to the | ||
professional that the woman 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 woman provides proof that: | ||
(A) she is currently enrolled in or has recently | ||
completed a substance abuse treatment program; or | ||
(B) she made reasonable efforts to enroll in a | ||
substance abuse treatment program within five days after the date | ||
she 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 woman 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 woman based on the woman's | ||
illegal use of a controlled substance, as defined by Chapter 481, | ||
Health and Safety Code, during pregnancy if the woman 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. |