By: Schechter H.B. No. 815
73R2881 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the participation of certain professionals in a case
1-3 involving an allegation of the abuse or neglect of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 34.03, Family Code, is amended by
1-6 amending Subsection (a) and adding Subsection (c) to read as
1-7 follows:
1-8 (a) Except as provided by Subsections <Subsection> (b) and
1-9 (c) of this section, a person reporting or assisting in the
1-10 investigation of a report pursuant to this chapter is immune from
1-11 liability, civil or criminal, that might otherwise be incurred or
1-12 imposed. Immunity extends to participation in any judicial
1-13 proceeding resulting from the report.
1-14 (c) A professional retained as an expert to participate in a
1-15 judicial proceeding resulting from a report alleging the abuse or
1-16 neglect of a child is not protected by this section if the
1-17 professional fails to conduct a thorough investigation as required
1-18 by Section 34.033 of this code or fails to meet the standard or
1-19 duty of care required of a person in that profession. In this
1-20 subsection, "professional" has the meaning assigned by Section
1-21 34.033(e) of this code.
1-22 SECTION 2. Subchapter A, Chapter 34, Family Code, is amended
1-23 by adding Section 34.033 to read as follows:
1-24 Sec. 34.033. DUTIES OF PROFESSIONALS. (a) A professional
2-1 who is retained as an expert to participate in a judicial
2-2 proceeding that results from a report alleging the abuse or neglect
2-3 of a child has the duty to make a thorough investigation of the
2-4 allegation.
2-5 (b) The professional's duty under this section to make a
2-6 thorough investigation includes the duty to:
2-7 (1) conduct an interview with the child who is the
2-8 subject of the allegation of abuse or neglect, with the parents of
2-9 the child, and with the person accused in the judicial proceeding
2-10 of committing the abuse or neglect of the child;
2-11 (2) perform a medical, psychological, or psychiatric
2-12 examination, as appropriate to the qualifications of the
2-13 professional, of the child or other parties to the judicial
2-14 proceeding for whom the professional was retained;
2-15 (3) review a medical, psychological, or psychiatric
2-16 examination prepared by another professional for the child or other
2-17 parties to the judicial proceeding for whom the professional was
2-18 not retained; and
2-19 (4) review all documents, reports, videotapes, and
2-20 audiotapes prepared in the investigation of the allegation of abuse
2-21 or neglect by the Department of Protective and Regulatory Services,
2-22 by the agency designated by the court to be responsible for the
2-23 protection of children, or by a law enforcement agency.
2-24 (c) It is a defense to a claim made against a professional
2-25 for failure to conduct a thorough investigation of an allegation of
2-26 child abuse or neglect required under this section because the
2-27 professional did not perform a duty described by Subsection (b)(1)
3-1 or (2) of this section that a person required to be interviewed or
3-2 examined would not consent to the interview or examination.
3-3 (d) It is a defense to a claim made against a professional
3-4 for failure to conduct a thorough investigation of an allegation of
3-5 child abuse or neglect required under this section because the
3-6 professional did not perform a duty described by Subsection (b)(3)
3-7 or (4) of this section that:
3-8 (1) the information required to be reviewed was not
3-9 reasonably available to the professional during the time the
3-10 thorough investigation was required; or
3-11 (2) the professional was denied access to the
3-12 information under law.
3-13 (e) In this section, "professional" means an individual who
3-14 is licensed or certified by the state and who, in the normal course
3-15 of the individual's duties for which a license or certification is
3-16 required, has direct contact with children.
3-17 SECTION 3. This Act takes effect September 1, 1993, and
3-18 applies only to participation in a judicial proceeding that results
3-19 from a report alleging the abuse or neglect of a child made on or
3-20 after that date. Participation in a judicial proceeding that
3-21 results from a report alleging the abuse or neglect of a child made
3-22 before that date is governed by the law in effect on the date the
3-23 report was made, and the former law is continued in effect for that
3-24 purpose.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.