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 professionals providing prenatal, mental health, or medical care from mandatory reporting if the individual can prove they are enrolled in or have recently completed a substance abuse treatment program, or have made reasonable efforts to enroll within five 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 has successfully completed a substance abuse treatment program under professional supervision. This legislation aims to encourage pregnant individuals to seek help for substance use without the fear of legal repercussions, thereby promoting better health outcomes for both the parent and child. 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)