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.