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June 1, 2009

Senate Bill 1064: Weakens Families’ Rights During CPS Investigations

Author:
Sen. Kirk Watson

Summary:
Relating to the investigation of child abuse or neglect. It weakens families’ rights during CPS investigations.

Current law allows the Child Protective Services (CPS) division of the Department of Family and Protective Services (DFPS) investigating a report of child abuse or neglect to access medical records regarding the abuse or neglect of the child, but not to medical records that do not relate specifically to the abuse or neglect. Adult Protective Services (APS) has express authority to access protected health information for investigative purposes regardless of who made the report to APS. Texas law contains no analogous provision for CPS.

C.S.S.B. 1064 authorizes DFPS, without filing suit, to seek a court order in aid of investigation. This bill sets forth certain procedures with regard to an investigation of a report of child abuse or neglect and related court proceedings.

Status:

2/23/2009(Senate) Received by the Secretary of State and filed
3/13/2009(Senate) Read first time and referred to Health and Human Services
4/7/2009(Senate) Considered in public hearing, testimony taken
4/15/2009(Senate) Reported favorably as substituted, recommended for local and uncontested calendar, committee report printed and distributed
4/23/2009(Senate) Placed on intent calendar
4/24/2009(Senate) Co-author authorized. Rules suspended-regular order of business. Read second time. Amendments offered. Amended. Vote recorded in journal. Passed to engrossment as amended. Vote recorded in journal. Three day rule suspended. Record vote. Read third time. Passed. Record vote. Reported engrossed.
4/27/2009(Senate) Received from the Senate
4/27/2009(House) Received from the Senate
4/30/2009(House) Read first time. Referred to Human Services
5/14/2009(House) Hearing scheduled
5/15/2009(House) Considered in public hearing, committee substitute considered, testimony taken, reported favorably as substituted
5/20/2009(House) Committee report filed with Committee Coordinator. Committee report printed and distributed.
5/21/2009(House) Committee report sent to Calendars. Considered in Calendars.
5/23/2009(House) Placed on General State Calendar.

Bill died when legislature adjourned June 1, 2009.

HSLDA’s Position:
Oppose.

Action Requested:
No action requested at this time.

 Other Resources

Bill Text

Bill History