The bill amends the Family Code to address the reporting and investigation of child abuse or neglect cases involving a pregnant person's use of controlled substances. It introduces a new provision that exempts professionals providing prenatal, mental health, or medical care from mandatory reporting if a pregnant person discloses illegal substance use, provided they are enrolled in or have recently completed a substance abuse treatment program, or 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.

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 is prohibited from investigating such reports if the individual is enrolled in a substance abuse treatment program under the supervision of a professional and successfully completes the program. This aims to encourage pregnant individuals to seek help without the fear of legal repercussions, thereby promoting better health outcomes for both the mother and child. The act 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)