89R24736 AMF-D     By: Meza H.B. No. 330     Substitute the following for H.B. No. 330:     By:  Moody C.S.H.B. No. 330       A BILL TO BE ENTITLED   AN ACT   relating to reporting and investigating certain cases of child   abuse or neglect involving a pregnant person's use of a controlled   substance.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.101, Family Code, is amended by   adding Subsection (b-2) to read as follows:          (b-2)  A professional providing prenatal, mental health, or   other medical care to a person who voluntarily discloses to the   professional that the person illegally used a controlled substance,   as defined by Chapter 481, Health and Safety Code, during pregnancy   is not required to make a report under this section if:                (1)  the person provides proof that:                      (A)  the person is currently enrolled in or has   recently completed a substance abuse treatment program; or                      (B)  the person made reasonable efforts to enroll   in a substance abuse treatment program, which may include joining a   waitlist for a substance abuse treatment program, within 10 days   after the date the person made a disclosure described by this   subsection; and                (2)  the professional determines:                      (A)  there is no immediate risk of harm to the   child from the exposure to the controlled substance; and                      (B)  the person does not otherwise pose an   immediate risk of harm to the child.          SECTION 2.  Section 261.301, Family Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (a-1), with [With]   assistance from the appropriate state or local law enforcement   agency as provided by this section, the department shall make a   prompt and thorough investigation of a report of child abuse or   neglect allegedly committed by a person responsible for a child's   care, custody, or welfare. The investigation shall be conducted   without regard to any pending suit affecting the parent-child   relationship.          (a-1)  The department may not investigate a report of child   abuse or neglect allegedly committed by a person based on the   person's illegal use of a controlled substance, as defined by   Chapter 481, Health and Safety Code, during pregnancy if the person   enrolls in a substance abuse treatment program under the   supervision of the referring or treating professional during the   pregnancy and successfully completes the program.          SECTION 3.  This Act takes effect September 1, 2025.