bill changes evidence rules in government child abuse cases

The text as introduced · 1,288 words

89R10136 AMF-D

By: Schatzline
H.B. No. 3758

A BILL TO BE ENTITLED

AN ACT

relating to admissibility and disclosure of certain evidence in a

suit concerning a child alleged to have been abused or neglected or

to be at risk of abuse or neglect filed by a governmental entity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 104, Family Code, is amended by

designating Sections 104.001 through 104.008 as Subchapter A and

adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 2. Chapter 104, Family Code, is amended by adding

Subchapter B to read as follows:

SUBCHAPTER B. CERTAIN SUITS FILED BY A GOVERNMENTAL ENTITY

Sec. 104.101. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE

USE DISORDER TREATMENT OR EVALUATION. In a suit filed by a

governmental entity concerning a child who is alleged in the suit to

have been abused or neglected or to be at risk of abuse or neglect, a

statement made by an individual undergoing voluntary or

court-ordered treatment for a substance use disorder, or undergoing

an evaluation for admission to treatment for a substance use

disorder, is not admissible in any judicial proceeding for use

against the individual if the statement was made to any person

involved in the individual's treatment or evaluation.

Sec. 104.102. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL

HEALTH TREATMENT OR EVALUATION. In a suit filed by a governmental

entity concerning a child who is alleged in the suit to have been

abused or neglected or to be at risk of abuse or neglect, a

statement made by an individual undergoing voluntary or

court-ordered therapeutic treatment for a mental illness, or

undergoing a psychological, psychosocial, or psychiatric

evaluation for that treatment, is not admissible for use against

the individual in any judicial proceeding if the statement was made

to any person involved in the individual's treatment or evaluation.

Sec. 104.103. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE

OR NEGLECT OF CHILD. In a suit filed by a governmental entity

concerning a child who is alleged in the suit to have been abused or

neglected or to be at risk of abuse or neglect, an out-of-court

statement regarding any alleged abuse or neglect made to an entity

described by Section 261.103 under Subchapter B, Chapter 261, is

not admissible into evidence at any judicial proceeding unless the

statement can be independently corroborated by other evidence.

Sec. 104.104. STATEMENT OR TESTIMONY OF ALLEGED PERPETRATOR

OF ABUSE OR NEGLECT. In a suit filed by a governmental entity

concerning a child who is alleged in the suit to have been abused or

neglected or to be at risk of abuse or neglect, the alleged

perpetrator of any abuse or neglect may not be compelled to make a

statement during an investigation under Chapter 261 or to testify

at any judicial proceeding. Neither the court nor the counsel may

comment on the alleged perpetrator's refusal to make a statement or

to testify, and the trier of fact may not draw any adverse inference

from the alleged perpetrator's refusal to make a statement or to

testify.

SECTION 3. Chapter 301, Family Code, is amended by adding

Subchapter D, and a heading is added to that subchapter to read as

follows:

SUBCHAPTER D. DISCLOSURES IN SUIT FILED BY A GOVERNMENTAL ENTITY

SECTION 4. Section 262.014, Family Code, is transferred to

Subchapter D, Chapter 301, Family Code, as added by this Act,

redesignated as Section 301.151, Family Code, and amended to read

as follows:

Sec. 301.151 [ 262.014 ]. DISCLOSURE OF CERTAIN EVIDENCE IN

CERTAIN SUITS . (a) In [ On the request of the attorney for a parent

who is a party in ] a suit concerning a child who is alleged to have

been abused or neglected or to be at risk of abuse or neglect

[ affecting the parent-child relationship ] filed by a governmental

entity [ under this chapter, or the attorney ad litem for the

parent's child ], the governmental entity [ Department of Family and

Protective Services ] shall[ , before the full adversary hearing, ]

provide to each party :

(1) the name of any person, excluding an [ a

department ] employee of the governmental entity , whom the

governmental entity [ department ] will call as a witness to any of

the allegations contained in the petition filed by the governmental

entity and any witness statement provided by the person

[ department ];

(2) a copy of any offense report relating to the

allegations contained in the petition filed by the governmental

entity [ department ] that will be used in court to refresh a

witness's memory; [ and ]

(3) a copy of any photograph, video, or recording

relating to the allegations contained in the petition filed by the

governmental entity;

(4) a copy of any medical record or report submitted to

the governmental entity by a medical provider, including a provider

with the forensic assessment center network regarding a child who

is the subject of the suit;

(5) all exculpatory, impeachment, or mitigating

evidence in the possession, custody, or control of the governmental

entity or its agent that:

(A) is relevant to a parent who is a party in the

suit; and

(B) tends to negate any claim of abuse or neglect

of a child by the parent; and

(6) a true and correct copy of any investigative file

under Chapter 261, including any intake report, with only the

identifying information of a reporting party redacted [ that will be

presented as evidence ].

(b) In a suit filed by a governmental entity concerning a

child who is alleged to have been abused or neglected or to be at

risk of abuse or neglect, the governmental entity shall provide the

information under Subsection (a) not later than the seventh day

before the date of:

(1) the full adversary hearing in a suit filed under

Section 262.101 or 262.105; or

(2) the initial hearing in a suit filed under Section

262.404 or 264.203.

(c) If at any time before, during, or after a hearing or

before the end of a trial, the governmental entity or its agents

discover any additional document, item, or information required to

be disclosed under Subsection (a), the governmental entity shall

immediately provide the document, item, or information to each

party.

(d) If after a trial the governmental entity or its agents

discover any additional document, item, or information described by

Subsection (a)(5), the governmental entity shall immediately

provide the document, item, or information to each party.

(e) In a suit filed by a governmental entity concerning a

child who is alleged to have been abused or neglected or to be at

risk of abuse or neglect, any document, item, or information not

timely disclosed in accordance with this section is not admissible

in any judicial proceeding if submitted by the governmental entity.

(f) To the extent of any conflict, this section prevails

over Chapter 552, Government Code.

(g) This section does not prohibit the parties in a suit

concerning a child who is alleged to have been abused or neglected

or to be at risk of abuse or neglect filed by a governmental entity

from agreeing to discovery and documentation requirements equal to

or greater than those required under this section.

SECTION 5. The change in law made by this Act applies to a

suit filed by a governmental entity on or after the effective date

of this Act. A suit filed by a governmental entity 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 6. This Act takes effect September 1, 2025.