BILL ANALYSIS
| Senate Research Center | S.B. 1141 |
| 89R4587 AMF-F | By: Miles |
| | Health & Human Services |
| | 4/17/2025 |
| | As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Individuals involved in child protective services (CPS) investigations are often unaware of their rights before being interviewed by the Department of Family and Protective Services (DFPS), which can lead to procedural unfairness and the unintentional waiver of critical rights, such as the ability to record interviews or request an administrative review of DFPS findings.
To protect due process and the rights of those under investigation, DFPS should be required to inform individuals of their rights prior to interviews. Courts must verify in writing and in open court that this notice was given before considering any evidence from these interviews. If DFPS fails to provide the required notice, the court should exclude any evidence from improperly conducted interviews, unless there is imminent danger to the child.
S.B. 1141 amends the Family Code to mandate that, before a full adversary hearing, courts confirm that DFPS informed individuals of their rights. If DFPS fails to do so, any evidence obtained from the investigation cannot be considered, unless the court finds the child is in imminent danger. This ensures procedural fairness and protects individuals from unfair treatment during CPS investigations.
As proposed, S.B. 1141 amends current law relating to procedures in certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 262, Family Code, by adding Section 262.2011, as follows:
Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. (a) Requires the court, before commencement of the full adversary hearing, in writing and in open court, to confirm with an alleged perpetrator that:
(1) before interviewing the alleged perpetrator, the Department of Family and Protective Services (DFPS) informed the person of the person's right to create an audio or video recording of the interview under Section 261.3027 (Notice of Right to Record Interview) and request an administrative review of DFPS's findings under Section 261.3091 (Notice of Right to Request Administrative Review); and
(2) when DFPS first contacted the alleged perpetrator after initiating an investigation of a parent or other person having legal custody of a child, DFPS provided the person with the information required by Section 261.307 (Information Relating to Investigation Procedure and Child Placement Resources).
(b) Prohibits the court, except as provided by Subsection (c), if the court determines that an alleged perpetrator was not fully informed of the person's rights described by Subsection (a)(1) or provided the information described by Subsection (a)(2), from considering in the full adversary hearing any evidence gathered from or provided by the alleged perpetrator during the investigation or the person's interview.
(c) Authorizes the court to consider evidence that would be inadmissible under Subsection (b) if the court has good cause to believe that a child is in imminent danger of being subjected to aggravated circumstances described by Section 262.2015(b) (relating to authorizing the court to find that a parent has subjugated the child to aggravated circumstances if certain conditions are met). Requires the court, if the court considers evidence under this subsection, to state in writing or on the record the basis for the court's belief that the child is in imminent danger of being subjected to aggravated circumstances.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.
