HB 1534
AN ACT relating to procedures in certain suits affecting the parent-child
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Requires Texas courts to confirm that the Department of Family and Protective Services (DFPS) properly informed alleged perpetrators of their rights before interviewing them in child protection cases. If DFPS fails to provide full rights notifications, any evidence gathered from the alleged perpetrator may be inadmissible in the full adversary hearing, with an exception if excluding the evidence would significantly harm the child's physical or emotional well-being. The law applies to parent-child relationship suits filed on or after September 1, 2025.
Subject Areas
Bill Text
relating to procedures in certain suits affecting the parent-child relationship filed by the Department of Family and Protective BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 262, Family Code, is amended by adding Section 262.2011 to read as follows: Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. (a) Before commencement of the full adversary hearing, the court shall, in writing and in open court, confirm that: (1) before interviewing an alleged perpetrator, the Department of Family and Protective Services informed the person of (A) create an audio or video recording of the interview under Section 261.3027; and (B) request an administrative review of the Department of Family and Protective Services' findings under (2) as soon as possible after initiating an investigation of a parent or other person having legal custody of a child, the Department of Family and Protective Services provided the person with the information required by Section 261.307. (b) Except as provided by Subsection (c), if the court determines that an alleged perpetrator was not fully informed of the person's rights described by Subsection (a)(1) or provided the information described by Subsection (a)(2), the court may not consider in the full adversary hearing any evidence gathered from or provided by the alleged perpetrator during the investigation or (c) The court may consider evidence that would be inadmissible under Subsection (b) if the court has good cause to believe that excluding that evidence would significantly impair the child's physical health or emotional development. SECTION 2. The changes in law made by this Act apply to a suit affecting the parent-child relationship that is filed on or after the effective date of this Act. A suit filed before the effective date of this Act is governed by the law in effect on the date that the suit is filed, and the former law is continued in SECTION 3. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to procedures in certain suits affecting the parent-child
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