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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Family and |
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Protective Services to conduct certain interviews of a child who is |
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the subject of a report of abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.302, Family Code, is amended by |
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adding Subsections (b-2) and (b-3) to read as follows: |
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(b-2) The department may not interview the child at the |
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child's school as part of an investigation unless: |
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(1) the child's parent or other person having custody |
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of the child consents in writing to the interview; or |
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(2) the department obtains a court order for the |
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interview. |
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(b-3) This section does not limit the authority of a law |
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enforcement agency to perform its duties under any other law. |
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SECTION 2. Section 261.302, Family Code, as amended by this |
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Act, applies only to an investigation of a report of abuse or |
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neglect of a child initiated by the Department of Family and |
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Protective Services on or after the effective date of this Act. An |
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investigation initiated by the department before that date is |
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governed by the law in effect on the date the investigation was |
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initiated, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |