Bill

SB 495

85(R) - 2017
Senate Health & Human Services
Senate Health & Human Services
Child abuse
Children
Department of Health
Health & Human Services

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Carlos Uresti

Bill Caption

Relating to certain procedural measures in a suit affecting a parent-child relationship to protect a child against neglect or physical or sexual abuse. 

Fiscal Notes

From the LBB: No significant fiscal implication to the state is anticipated.

Bill Analysis

This bill pertains to evidence that may be used in court in child custody cases to determine custody and visitation rights. This bill would allow a court to consider credible evidence of past or present neglect or physical or sexual abuse committed by a person other than the child's parent who his likely to reside in the same house as the child or who has a dating relationship with the child's parent. 

The bill would also allow the court to decline to enter in a mediated settlement agreement if the court finds that the agreement would permit a registered sex offender to live in the same house or have unsupervised access to the child (such as in a case where the parent is dating or has remarried someone required to register as a sex offender).

Vote Recommendation Notes

The change proposed under this legislation is largely a procedural change regarding what evidence may be presented in a custody hearing and how that evidence may be weighed by a judge. This procedural change does not appear to have a connection to our liberty principles, therefore we remain neutral on this legislation.