Prosecutors ask committee to speed sharing of DFPS abuse reports for serious criminal cases

Senate Bill 27 85 would require the Texas Department of Family and Protective Services to forward a copy of certain reports of abuse or neglect to county or district attorneys within 30 days when requested, the sponsor told the Senate Committee on Criminal Justice.

Senator Charles Buber (sponsor) said delays and inconsistent delivery of DFPS records have impeded prosecutions and sometimes forced courts to declare mistrials or delay cases. "This bill aims to expedite the process for district and county attorneys to receive reports of abuse or neglect from DFPS," the sponsor said in explaining a committee substitute that narrows the requirement to specified aggravated circumstances.

McLennan County District Attorney Josh Tetons testified that his office has repeatedly waited months for DFPS records even after court orders and subpoenas, and he asked the committee to require expedited transfer of critical investigative materials for serious crimes so both prosecution and defense can meet discovery obligations.

The substitute narrows the request to instances involving aggravated offenses — for example, serious assaults, sexual offenses against children, or where a child is charged or an arrest has occurred — and protects confidentiality by specifying that the information is not subject to public information requests and may be used in discovery in criminal cases.

The committee closed public testimony and left the bill pending for further consideration and drafting.

Ending: No vote was taken; sponsors said the substitute should address concerns and improve prosecutors’ ability to pursue serious abuse cases.