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Bill > HB3758


TX HB3758

TX HB3758
Relating to admissibility and disclosure of certain evidence in a civil suit concerning a child alleged to have been abused or neglected or to be at risk of abuse or neglect filed by a governmental entity.


summary

Introduced
03/04/2025
In Committee
05/01/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to admissibility and disclosure of certain evidence in a civil suit concerning a child alleged to have been abused or neglected or to be at risk of abuse or neglect filed by a governmental entity.

AI Summary

This bill establishes new legal protections and disclosure requirements in civil suits filed by governmental entities concerning child abuse or neglect. Specifically, the bill creates provisions that protect individuals undergoing substance use disorder or mental health treatment from having statements made during their treatment used against them in legal proceedings. It also limits the admissibility of out-of-court statements about alleged abuse unless they can be independently corroborated, and prevents alleged perpetrators of abuse from being compelled to make statements or testify, with no adverse inferences allowed to be drawn from their silence. Additionally, the bill mandates that governmental entities provide comprehensive disclosures to all parties in such cases, including witness names, offense reports, medical records, photographs, videos, and any exculpatory or mitigating evidence, with strict timelines for disclosure. The disclosure requirements must be met no later than five business days before key hearings, and any failure to timely disclose information could result in that evidence being inadmissible. These provisions aim to ensure fairness, protect individual privacy in treatment settings, and promote transparency in child welfare legal proceedings. The bill will take effect on September 1, 2025, and applies to both pending and future civil suits filed by governmental entities concerning child abuse or neglect.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Placed on General State Calendar (on 05/14/2025)

bill text


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