Texas Family Code
§ 261.303 — INTERFERENCE WITH INVESTIGATION; COURT ORDER
FA § 261.303Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT · Art. D. INVESTIGATIONS
Statute text
View on source(a)A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department.
(b)If admission to the home, school, or any place where the child may be cannot be obtained, the court having family law jurisdiction shall order the parent, the person responsible for the care of the children, or the person in charge of any place where the child may be to allow entrance for the interview, examination, and investigation if the court:
(1)has good cause to believe that the child is in imminent danger of being subjected to aggravated circumstances as described by Section 262.2015(b); or
(2)has probable cause to believe that admission is necessary to protect the child from abuse or neglect not described by Subdivision (1).
(c)If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department, and if the court having family law jurisdiction has probable cause to believe that releasing the records or conducting an examination of the child is necessary to protect the child from abuse or neglect, then the court shall order the records to be released or the examination to be made at the times and places designated by the court.
(d)A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. If a child is transferred from a reporting medical facility to another medical facility to treat the injury or condition that formed the basis for the original report, the transferee medical facility shall, at the department's request, release to the department records relating to the injury or condition without requiring parental consent or a court order.
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 6, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.133, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 2, eff. September 1, 2023.