Legislative Blog
J.B. Williams, J.D.
5 bills that modify the Family Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
HB 63 - Reports of child abuse or neglect
HB 461 - Waiver of an adoption evaluation
HB 474 - Requirements regarding court-appointed volunteer advocate programs
HB 660 - Enforcement and administration of protective orders
HB 730 - Policies and procedures for some suits affecting parent-child relationship, DFPS investigations
5 bills that modify the Family Code
Published: 2025-04-10
HB 63
Reports of child abuse or neglect
When filing a report the facts that caused the person to believe there was abuse or neglect must be included, as well as the source of the facts. The person filing must provide their name, phone number, and address.
If someone calls to make a report and does not wish to provide their information, they must be informed that anonymous reports are not accepted. They must be advised that a report may be made to law enforcement, and that their identity is confidential. Identity information is disclosed to law enforcement for conducting criminal investigations. A court may order disclosure after an in camera review if it is essential to the matter and will not endanger anyone.
HB 461
Waiver of an adoption evaluation
If an adoption is uncontested, and the prospective adoptive parents is a stepparent, and the court has reviewed investigative records; then an adoption evaluation may be waived. This is so nice when a parent is deceased or has been out of a child's life for many years and their address is unknown. This means the child will gain the stepparent has a lifelong parent for them.
HB 474
Requirements regarding court-appointed volunteer advocate programs
An active volunteer advocate has been trained and is actively servicing on at least one child's case. An inactive volunteer advocate has been trained and is not currently serving on a case.
These are nonprofit organizations that maintain both active and inactive volunteers. And they must adopt grievance procedures to address complaints. And they must maintain accurate records for volunteers.
HB 660
Enforcement and administration of protective orders
Makes temporary ex parte orders as enforceable as final protective orders.
Protective orders must be entered in law enforcement agency computer records, and be removed if dismissed.
HB 730
Policies and procedures for some suits affecting parent-child relationship, DFPS investigations
Once a Department of Family and Protective Services matter has been closed for 60 days, it may not be re-opened to change the findings. If it has been less than 60 days since closure, then it may be re-opened for good cause shown.
The court having jurisdiction of the family law matter is given some leeway to make court orders if there is good cause of imminent danger, or probably cause to protect a child from abuse or neglect. These hearings may not be ex parte unless there is no time for a full hearing to protect the child's physical health and safety. Any court order must contain the sufficiency of evidence supporting the order.
For DFPS, they must provide parents or potential perpetrators with information regarding their rights. These include the right to refuse the investigator entry into their home without a court order, right to have legal counsel present before entry to the home or interviewing a child, withholding consent for release of medical or mental health records, refuse to submit to drug test, and consult with legal counsel before agreeing to any proposed voluntary safety plan. So often I heard that the party was left to believe they had the right to enter a home, interview a child or require drug testing. Entry into a home could create issues around items not previously mentioned that were not harming or endangering a child, depending on the investigator. I saw wide ranges of things and some of them greatly contradictory. For instance, one family being advised that 12-packs of soda shouldn't be on the pantry floor and another being advised that placing them on the shelf meant potential hazard in them being pulled onto the child. Both instances advised they do the exact opposite of what they were doing and both involved a child within 6 months of the other. The one where they could not be on the floor, they were advised nothing could be on the pantry floor but placing the item 1 shelf up was fine. Yes, I saw both pantries myself in person. And once I was involved as an attorney those matters were initially dropped but brought back up in court as more potential acts of neglect. It merely muddied the waters and was unnecessary.
If verbal notification and written summaries are not provided as required, then any information obtained from the person is not admissible. Any information that is discovered based upon the information is also not admissible.
Any corrections, other than spelling or grammar, made to department reports must be provided to the child's parent; attorney for the child's parent; attorney ad litem for the child; guardian ad litem for the child; and any other person the court determines has an interest in the child's welfare.
Court's must keep records of ex parte hearings and provide them to a party upon request. DFPS must provide notice of an ex parte hearing to a parent who is represented by an attorney.
An initial parental child safety placement agreement automatically terminates on the earlier of the 30th day following the signed agreement or the child being placed with a caregiver. DFPS may enter into no more than 2 more parental child safety placement agreements. For each one, the department must reevaluate the terms and conditions; notify the parent of their right to refuse to enter the agreement and be represented by an attorney. An additional parental child safety placement agreement automatically terminates 30 days after it is signed.
A parental child safety placement agreement may not place a child outside the child's home for more than 90 days unless it is signed by both the parent and the parent's attorney; or it is court ordered. There is also specific language that must be placed in the agreement.
I like the automatic termination because there were times when DFPS seemed to be slow rolling the 'end' and not allowing the children to return to the parent. This was true even when they advised both the client and the attorney that all terms had been met, and that the children could return home and the matter was being considered closed. However, they would delay the sending out of the final letter and there would be nothing written to confirm it. I once even required a meeting because my client, prior to hiring me, was advised that they had not yet met the terms of the agreement. Yet the only agreement and list of specifics my client received had been completed for more than 30 days. Upon meeting with them in person, including a supervisor, I was advised that everything was complete within minutes of the meeting starting. I required the written letter to be completed before we left and that the person with the children be advised my client would be resuming full parenting. Sadly they had no real reason or justification for the failure to have already done this. It was we were waiting for such and such to arrive to show completion. Yet my client had provided these to them previously.
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