Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
Summary
SB 2785 expands and clarifies when the Department of Family and Protective Services must notify and share child abuse or neglect investigation information with county and district attorneys. Under the bill, a county or district attorney may ask to be notified of reports involving children who were in the county when the report was made or when the alleged abuse or neglect occurred, and DFPS must promptly provide notice and copies of reports as requested.
The bill also creates a specific post-arrest disclosure process for investigations tied to certain serious offenses against children, including murder, capital murder, manslaughter, trafficking, sexual abuse, indecency with a child, sexual assault, aggravated assault, aggravated sexual assault, injury to a child, abandoning or endangering a child, prohibited sexual conduct, compelling prostitution, sexual performance by a child, and child pornography offenses. In those cases, once an arrest is made, the county or district attorney may request the DFPS investigation report and all available information, including otherwise confidential material, and DFPS must provide it within 30 days.
Impact
SB 2785 amends Section 261.1055 of the Family Code to broaden the flow of child abuse and neglect investigation records from DFPS to county and district attorneys, including confidential information in specified criminal cases. It also limits further disclosure by prosecutors by making the released information nonpublic under the Public Information Act and restricting its use to purposes consistent with criminal discovery and related code provisions. The bill affects DFPS, county and district attorneys, and the handling of confidential child-protection records in criminal investigations and prosecutions.
Sentiment
The available legislative record suggests generally favorable treatment of the bill, with no recorded opposition in the provided vote history and no committee transcript debate included. The bill advanced through the House calendar and had third reading completed, indicating it moved forward without visible controversy in the materials provided.
Contention
The main policy tension is between improving prosecutors’ access to child abuse investigation records for serious criminal cases and preserving the confidentiality of DFPS records and child-protection information. Supporters would likely view the bill as strengthening criminal investigations and prosecutions involving child victims, while any concerns would center on privacy, confidentiality, and the risk of broader disclosure of sensitive information. The bill addresses that concern in part by expressly barring public release by prosecutors and limiting later use of the information.
Very Similar
Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
Relating to definition of abuse of a child, the reporting of child abuse and neglect, and certain required notifications about reports of child abuse and neglect.
Relating to definition of abuse of a child, the reporting of child abuse and neglect, and certain required notifications about reports of child abuse and neglect.
Authorizing victims of childhood abuse to access records related to substantiated reports or investigations of abuse or neglect and extending the time to file civil actions for recovery of damages caused by childhood sexual abuse.
Authorizing parents of a child who is the subject of an investigation of abuse or neglect or a child in need of care proceeding and victims of childhood abuse or neglect to access records related to such investigation or proceeding.
Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.
Relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts, the creation of the office of regional district attorney for each district, and the powers and duties of regional district attorneys.