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AN ACT
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relating to certain information to which a social study evaluator |
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is entitled in a suit affecting the parent-child relationship; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 107, Family Code, is |
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amended by adding Section 107.05145 to read as follows: |
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Sec. 107.05145. SOCIAL STUDY EVALUATOR ACCESS TO |
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INVESTIGATIVE RECORDS OF DEPARTMENT OF FAMILY AND PROTECTIVE |
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SERVICES; OFFENSE. (a) A social study evaluator is entitled to |
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obtain from the Department of Family and Protective Services a |
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complete, unredacted copy of any investigative record regarding |
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abuse or neglect that relates to any person residing in the |
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residence subject to the social study. |
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(b) Except as provided by this section, records obtained by |
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a social study evaluator from the Department of Family and |
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Protective Services under this section are confidential and not |
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subject to disclosure under Chapter 552, Government Code, or to |
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disclosure in response to a subpoena or a discovery request. |
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(c) A social study evaluator may disclose information |
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obtained under Subsection (a) in the social study report only to the |
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extent the evaluator determines that the information is relevant to |
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the social study or a recommendation made under this subchapter. |
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(d) A person commits an offense if the person discloses |
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confidential information obtained from the Department of Family and |
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Protective Services in violation of this section. An offense under |
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this subsection is a Class A misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 330 passed the Senate on |
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March 19, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 330 passed the House on |
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May 2, 2013, by the following vote: Yeas 147, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |