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Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant woman's use of a controlled substance.
No significant fiscal implication to the State is anticipated.
HB 4055 would exempt a woman who tells a medical care provider that she used an illegal controlled substance during her pregnancy from being reported to law enforcement if the woman is enrolled in or has completed a substance abuse treatment program or the provider determines there is no immediate risk of harm to the child. The Department of Family and Protective Services would be prohibited from investigating a mother based on her use of an illegal controlled substance during her pregnancy if the woman completes a substance abuse treatment program.
Texas Action supports HB 4055 as it stands because it would advance personal responsibility. A mother who uses or abuses controlled substances should not be penalized for seeking help to rid themselves of their problem. HB 4055 would encourage mothers to seek rehabilitative services without fear of criminal prosecution.
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