The bill amends the Family Code to address the reporting and investigation of child abuse or neglect cases involving pregnant individuals who disclose illegal use of controlled substances. It introduces a new provision that exempts healthcare professionals from mandatory reporting if the individual provides proof of enrollment in or recent completion of a substance abuse treatment program, or if they have made reasonable efforts to enroll within ten days of disclosure. Additionally, the professional must determine that there is no immediate risk of harm to the child from the substance exposure or from the individual themselves.
Furthermore, the bill modifies the investigation protocol for reports of child abuse or neglect related to a person's illegal substance use during pregnancy. It specifies that the Department of Family and Protective Services cannot investigate such reports if the individual is enrolled in a substance abuse treatment program under professional supervision and successfully completes it. This aims to balance the need for child safety with the support of pregnant individuals seeking treatment for substance use. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: Family Code 261.101, Family Code 261.301 (Family Code 261)
House Committee Report: Family Code 261.101, Family Code 261.301 (Family Code 261)