Bill Caption

Relating to notifying an alleged perpetrator of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Family and Protective Services. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 2298 would require the Department of Family and Protective Services to provide the suspect of an investigation of child abuse certain information after initiating the investigation, upon the department's first contact with the person. This information would have to include a list of rights that would be required to be communicated verbally and in writing. These rights include the right to:

• not speak with any agent of the department without legal counsel present;
• assistance by an attorney, including a court-appointed attorney if indigent; 
• openly or secretly record any interaction or interview, subject to the understanding the recording may be subject to disclosure;
• request and receive a copy of the department's current recording policy; 
• refuse to allow the investigator to enter the home or interview the children without legal counsel present;
• withhold consent to the release of any medical or mental health records; 
• refuse to submit to a drug test;
• consult with legal counsel prior to agreeing to any voluntary safety plan;
• be notified of and attend any court hearings related to the investigations; and 
• request an interpreter 

HB 2298 would be required to develop the form to verify the verbal and written summary. 

Vote Recommendation Notes

HB 2298 would place greater responsibility on the Department of Family and Protective Services to ensure that individuals being investigated understand their rights and have the opportunity to make an effective argument against the investigation. This benefits the principles of individual liberty, personal responsibility, and limited government. Texas Action supports HB 2298.