Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.

89(R) HB 330 - House Committee Report version - Bill Text

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.