By: Blackwood H.B. No. 854
73R2780 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reports of, and suits for the protection of, abused
1-3 children; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 17.03, Family Code, is amended by adding
1-6 Subsection (j) to read as follows:
1-7 (j) When a child is taken into possession under this
1-8 section, the person taking the child into possession must make
1-9 every reasonable effort to place the child in the child's home if a
1-10 person entitled to possession of the child can care for the child
1-11 in the home and the person who endangered the child does not have
1-12 legal access to the home or has been removed from the home by law
1-13 enforcement officials. If a parent or legal guardian of the child
1-14 is not available to take possession of the child in the child's
1-15 home, the person taking the child into possession must make every
1-16 reasonable effort to place the child with another relative who is
1-17 able to care for the child on a temporary basis.
1-18 SECTION 2. Section 34.011, Family Code, is amended to read
1-19 as follows:
1-20 Sec. 34.011. Form. The Texas Department of Human Services
1-21 shall promulgate a form and cause a sample to be distributed for
1-22 the reporting of information or observations about suspected
1-23 occurrences of child abuse as required by Section 34.01 of this
1-24 code. Copies of the form shall be distributed to all licensed
2-1 hospitals in this state to be available for use without charge by
2-2 hospital employees, physicians, patients, and other persons. The
2-3 form shall include a statement that child abuse reports are
2-4 confidential and that information contained in the reports,
2-5 including the name of the person making the report, may be used
2-6 only for the purposes consistent with the investigation of child
2-7 abuse. The form shall give the address of the Texas Department of
2-8 Human Services. Hospital employees, physicians, patients, and
2-9 other persons must complete the form and return it to the Texas
2-10 Department of Human Services.
2-11 SECTION 3. Section 34.012(2), Family Code, is amended to
2-12 read as follows:
2-13 (2) "Neglect" includes:
2-14 (A) the leaving of a child in a situation where
2-15 the child would be exposed to a substantial risk of harm, without
2-16 arranging for necessary care for the child, and a demonstration of
2-17 an intent not to return by a parent, guardian, or managing or
2-18 possessory conservator of the child;
2-19 (B) the following acts or omissions by any
2-20 person:
2-21 (i) placing the child in or failing to
2-22 remove the child from a situation that a reasonable person would
2-23 realize requires judgment or actions beyond the child's level of
2-24 maturity, physical condition, or mental abilities and that results
2-25 in bodily injury or a substantial risk of immediate harm to the
2-26 child;
2-27 (ii) the failure to seek, obtain, or
3-1 follow through with medical care for the child, with the failure
3-2 resulting in or presenting a substantial risk of death,
3-3 disfigurement, or bodily injury or with the failure resulting in an
3-4 observable and material impairment to the growth, development, or
3-5 functioning of the child; or
3-6 (iii) the failure to provide the child
3-7 with food, clothing, or shelter necessary to sustain the life or
3-8 health of the child, excluding failure caused primarily by
3-9 financial inability unless relief services had been offered and
3-10 refused and excluding failure to provide food necessary to sustain
3-11 the health of the child caused primarily by the person's lack of
3-12 nutritional education unless educational services about proper
3-13 nutrition had been offered and refused; or
3-14 (C) the failure by the person responsible for a
3-15 child's care, custody, or welfare to permit the child to return to
3-16 the child's home without arranging for the necessary care for the
3-17 child after the child has been absent from the home for any reason,
3-18 including having been in residential placement or having run away.
3-19 SECTION 4. Sections 34.02(a), (c), and (d), Family Code, are
3-20 amended to read as follows:
3-21 (a) Reports of firsthand information or direct observation
3-22 that reflect <Nonaccusatory reports reflecting> the reporter's
3-23 belief that a child has been or is being <will be> abused or
3-24 neglected, or has died of abuse or neglect, has violated the
3-25 compulsory school attendance laws on three or more occasions, or
3-26 has, on three or more occasions, been voluntarily absent from his
3-27 home without the consent of his parent or guardian for a
4-1 substantial length of time or without the intent to return shall be
4-2 made to:
4-3 (1) any local or state law enforcement agency;
4-4 (2) the Texas Department of Human Services;
4-5 (3) the state agency that operates, licenses,
4-6 certifies, or registers the facility in which the alleged abuse or
4-7 neglect occurred; or
4-8 (4) the agency designated by the court to be
4-9 responsible for the protection of children.
4-10 (c) All reports received by any local or state law
4-11 enforcement agency that involve a person responsible for a child's
4-12 care, custody, or welfare shall be referred to the Texas Department
4-13 of Human Services or to the agency designated by the court to be
4-14 responsible for promoting the welfare <protection> of children.
4-15 The department or designated agency immediately shall notify the
4-16 appropriate state or local law enforcement agency of any report it
4-17 receives, other than from a law enforcement agency, that concerns
4-18 the suspected abuse or neglect of a child or death of a child from
4-19 abuse or neglect. If the report relates to a child in a facility
4-20 operated, licensed, certified, or registered by a state agency, the
4-21 department shall also refer the report to the agency for
4-22 investigation. If the department initiates an investigation and
4-23 determines that the abuse or neglect does not involve a person
4-24 responsible for the child's care, custody, or welfare, the
4-25 department shall refer the report to a law enforcement agency for
4-26 further investigation.
4-27 (d) An oral report shall be made immediately on learning of
5-1 the abuse or neglect, or likelihood of abuse or neglect, as
5-2 prescribed in Subsection (a) of this section. If a professional
5-3 has firsthand information or has made a direct observation that
5-4 would cause the reporter to believe that a child has been or may be
5-5 abused or neglected, the professional shall make an oral report as
5-6 prescribed by Subsection (a) of this section not later than the
5-7 48th hour after the hour the professional first suspects that the
5-8 child has been or may be abused or neglected. In all instances a
5-9 written report shall be made within five days to the same agency or
5-10 department. Anonymous reports, while not encouraged, will be
5-11 received and acted on as prescribed by Section 34.053 of this code.
5-12 In this subsection, "professional" means an individual who is
5-13 licensed or certified by the state, or who is an employee of a
5-14 facility licensed, certified, or operated by the state, and who in
5-15 the normal course of official duties, or duties for which a license
5-16 or certification is required, has direct contact with children.
5-17 "Professional" includes teachers, nurses, doctors, and day-care
5-18 employees.
5-19 SECTION 5. Section 34.031, Family Code, is amended by
5-20 amending Subsection (a) and adding Subsection (c) to read as
5-21 follows:
5-22 (a) A person commits an offense if the person knowingly or
5-23 intentionally makes a report under this chapter that the person
5-24 knows lacks factual foundation. An offense under this subsection
5-25 is a Class A <B> misdemeanor.
5-26 (c) A state agency to which a person makes a report of child
5-27 abuse shall inform the person of the provisions of this section and
6-1 Section 12.21, Penal Code.
6-2 SECTION 6. Subchapter A, Chapter 34, Family Code, is amended
6-3 by adding Section 34.0311 to read as follows:
6-4 Sec. 34.0311. MANIPULATION OF CHILD TO MAKE FALSE REPORT.
6-5 (a) A person commits an offense if the person knowingly or
6-6 intentionally manipulates a child into making a statement that
6-7 becomes the basis of an allegation in a report of sexual or
6-8 physical abuse of the child.
6-9 (b) An offense under this section is a Class A misdemeanor.
6-10 (c) In this section, "manipulation" includes:
6-11 (1) repeated questioning of the child;
6-12 (2) suggestive statements made to the child;
6-13 (3) rehearsing answers with the child;
6-14 (4) hypnosis of the child;
6-15 (5) offering a reward or threatening to punish the
6-16 child;
6-17 (6) using an anatomically correct doll for the
6-18 purposes of questioning the child;
6-19 (7) using an audio, a video, or a visual aid that
6-20 simulates an abusive act to question the child; or
6-21 (8) engaging in physical conduct that simulates an
6-22 abusive act with the child.
6-23 SECTION 7. Chapter 34, Family Code, is amended by adding
6-24 Section 34.033 to read as follows:
6-25 Sec. 34.033. COMPENSATION FOR CERTAIN PERSONS FALSELY
6-26 ACCUSED OF CHILD ABUSE. If a suit affecting the parent-child
6-27 relationship is instituted on the basis of a report of child abuse
7-1 against a person and the person shows that the report was made in
7-2 bad faith or with malice or that it is a false report under Section
7-3 34.031 of this code, the court shall award to the person:
7-4 (1) the person's reasonable attorney's fees related to
7-5 defending against the suit;
7-6 (2) other expenses related to defending against the
7-7 suit; and
7-8 (3) expenses related to ameliorating any negative
7-9 effects on the relationship between the person and the alleged
7-10 victim of child abuse as a result of the report of child abuse.
7-11 SECTION 8. Section 34.05, Family Code, is amended to read as
7-12 follows:
7-13 Sec. 34.05. INVESTIGATION AND REPORT OF RECEIVING AGENCY.
7-14 (a) Unless the report alleges that the abuse or neglect occurred
7-15 in a facility operated, licensed, certified, or registered by
7-16 another state agency, the Texas Department of Human Services or the
7-17 agency designated by the court to be responsible for the protection
7-18 of children shall make a thorough inductive investigation promptly
7-19 after receiving either the oral or written report of child abuse or
7-20 neglect by a person responsible for a child's care, custody, or
7-21 welfare. If the report is anonymous, the department shall make the
7-22 investigation after determining that there is some objective
7-23 evidence to corroborate the report as prescribed by Section 34.053
7-24 of this code. If the report alleges that the abuse or neglect
7-25 occurred in a facility operated, licensed, certified, or registered
7-26 by another state agency, that agency shall investigate the report
7-27 as prescribed by Subchapter B of this chapter. If the report
8-1 alleges child abuse or neglect in a location other than a facility
8-2 operated, licensed, certified, or registered by a state agency and
8-3 by a person other than a person responsible for a child's care,
8-4 custody, or welfare, the department is not required to investigate
8-5 the report. The appropriate state or local law enforcement agency
8-6 shall investigate that report if that agency determines an
8-7 investigation should be conducted. The department, by rule shall
8-8 <may> assign priorities to investigations based on the severity and
8-9 immediacy of the alleged harm to the child. <If the department
8-10 establishes a priority system, the department shall adopt the
8-11 system by rule.> The primary purpose of the investigation shall be
8-12 to ensure the welfare <protection> of the child by determining
8-13 whether in-home crisis intervention and education or other child
8-14 and family services are necessary.
8-15 (b) The department shall conduct an investigation
8-16 inductively for observable and objective indications that abuse or
8-17 neglect has occurred or is likely to occur. The focus of the
8-18 department's investigation shall be family preservation and the
8-19 prevention of child abuse and neglect. Evidence to determine
8-20 whether abuse or neglect actually occurred shall be gathered by an
8-21 appropriate state or local law enforcement agency if such an
8-22 investigation is determined by the agency to be necessary.
8-23 (c) If the department determines that in-home crisis
8-24 intervention is necessary and justified and a child's parent or
8-25 legal guardian refuses to cooperate with the intervention, the
8-26 department may request a court to order alternative intervention
8-27 measures, including the temporary or permanent removal of the child
9-1 from the care of the child's parent or legal guardian. The
9-2 department shall make every reasonable effort to maintain the child
9-3 in the child's home. The department shall consider placing the
9-4 child in the care of a relative of the child in or near the child's
9-5 home before considering removal of the child to the care of the
9-6 state.
9-7 (d) In order to protect the welfare of the child, the
9-8 department must take every reasonable measure necessary to protect
9-9 the rights of the child and to preserve the continuity of the
9-10 child's living arrangements and normal family relationships. Any
9-11 change in the child's living arrangements must be based on the
9-12 principle of finding the least detrimental alternative to
9-13 preserving the child's normal family relationships. A change in a
9-14 child's living arrangements may be requested only if protecting the
9-15 child's rights and preserving the child's normal family
9-16 relationships is in direct conflict with the child's need for
9-17 protection from abuse or neglect.
9-18 (e) <(b)> As necessary to complete a thorough investigation,
9-19 the department or agency shall collect information about
9-20 <determine>:
9-21 (1) objective indicators that <the nature, extent, and
9-22 cause of the> abuse or neglect may have occurred;
9-23 (2) the identity of the person alleged to be
9-24 responsible for the abuse or neglect;
9-25 (3) the names and conditions of the other children in
9-26 the home;
9-27 (4) an evaluation of the parents or persons
10-1 responsible for the care of the child;
10-2 (5) the adequacy of the home environment;
10-3 (6) the relationship of the child to the parents or
10-4 persons responsible for the care of the child; and
10-5 (7) all other pertinent data.
10-6 (f) <(c)> The investigation shall include a visit to the
10-7 child's home, unless the alleged abuse or neglect can be confirmed
10-8 or clearly ruled out without a home visit. An <, and an> interview
10-9 with and examination of the subject child or any other child in the
10-10 home, including a medical or psychological examination of a child,
10-11 may be conducted as a part of the investigation only if at least
10-12 one parent or legal guardian of the child consents to the
10-13 interview.
10-14 (g) An interview with a subject child shall be videotaped,
10-15 and the videotape may not be edited.
10-16 (h) The parents or legal guardian of the subject child must
10-17 be informed that:
10-18 (1) they may refuse to speak to or cooperate with a
10-19 caseworker without prejudicing the investigation;
10-20 (2) they may refuse to consent to an interview of the
10-21 child and that the refusal may not be considered by the department
10-22 as evidence of hostility toward the investigation;
10-23 (3) they may consent to an interview of the child in
10-24 the child's home without waiving the right to consent to an
10-25 interview outside of the child's home; and
10-26 (4) if they refuse to consent to an interview, an
10-27 investigator may apply to an appropriate court for an order to
11-1 conduct the interview.
11-2 (i) A parent or guardian must be given the opportunity to
11-3 present reasons for refusing to consent to an interview. Based on
11-4 the reasons offered by a parent or guardian, the investigator must:
11-5 (1) reconsider the need to interview the subject
11-6 child; and
11-7 (2) consider whether the allegation of abuse or
11-8 neglect is false.
11-9 (j) The interview with and examination of the child may be
11-10 conducted at any reasonable time and at any place, including the
11-11 child's school. The investigation may include an interview with
11-12 the child's parents and an interview with and examination of any
11-13 child in the home. The investigation may include a medical,
11-14 psychological, or psychiatric examination of any child in that
11-15 home. If admission to the home, school, or any place where the
11-16 child may be cannot be obtained, then the juvenile court, district
11-17 court, or other court having family law jurisdiction, upon cause
11-18 shown, shall order the parents or the persons responsible for the
11-19 care of the children, or the person in charge of any place where
11-20 the child may be, to allow entrance for the interview, the
11-21 examination, and the investigation. If the parents or person
11-22 responsible for the child's care does not consent to a medical,
11-23 psychological, or psychiatric examination of the child that is
11-24 requested by the department or agency, the juvenile court, district
11-25 court, or other court having family law jurisdiction, upon cause
11-26 shown, shall order the examination to be made at the times and
11-27 places designated by the court. The investigation may include an
12-1 inquiry into the possibility that the child, a parent, or a person
12-2 responsible for the care of the child has a history of mental
12-3 illness. If the parents or person responsible for the care of the
12-4 child does not allow the department or agency to have access to
12-5 mental health records requested by the department or agency, the
12-6 juvenile court, district court, or other court having family law
12-7 jurisdiction, on good cause shown, shall by order allow the
12-8 department or agency to have access to the records under terms and
12-9 conditions prescribed by the court. If the court determines that
12-10 the parent or person responsible for the care of the child is
12-11 indigent, the court shall appoint an attorney to represent the
12-12 parent or person responsible for the child at the hearing to obtain
12-13 mental health records. The fees for said attorney shall be paid by
12-14 the department or agency. A parent or person responsible for the
12-15 child's care is entitled to notice and a hearing when the
12-16 department or agency seeks a court order to allow a medical,
12-17 psychological, or psychiatric examination or access to mental
12-18 health records. This access does not constitute a waiver of
12-19 confidentiality.
12-20 (k) <(d)> If, before the investigation is complete, the
12-21 opinion of the investigators is that immediate removal is necessary
12-22 to protect the child from further abuse or neglect, the
12-23 investigators shall file a petition pursuant to Chapter 17 of this
12-24 code for temporary care and protection of the child.
12-25 (l) <(e)> The agency designated by the court to be
12-26 responsible for the welfare <protection> of children or the
12-27 department shall make a complete written report of the
13-1 investigation. The report, together with its recommendations,
13-2 shall be submitted to the juvenile court or the district court, the
13-3 district attorney, and the appropriate law enforcement agency if
13-4 sufficient grounds for the institution of a suit affecting the
13-5 parent-child relationship are found. If the investigation relates
13-6 to an allegation of abuse or neglect in a facility operated,
13-7 licensed, certified, or registered by a state agency, the agency
13-8 shall report as prescribed by Subchapter B of this chapter. If the
13-9 investigation relates to an allegation of abuse or neglect in a
13-10 facility that is not operated, licensed, certified, or registered
13-11 by a state agency, the department shall submit the report of the
13-12 investigation to the policymaking body of the facility for any
13-13 necessary corrective action.
13-14 (m) <(f)> On the receipt of the report and recommendation
13-15 required by Subsection (l) <(e)> of this section, the court may
13-16 direct the investigator to file a petition seeking appropriate
13-17 relief under Subtitle A of this title.
13-18 (n) <(g)> If the department or agency has reason to believe
13-19 that a parent of the child may remove the child from the state
13-20 before the investigation is completed, the department or agency may
13-21 file an application for a temporary restraining order in any
13-22 district court without regard to continuing jurisdiction of the
13-23 child under Section 11.05 of this code. After a hearing on the
13-24 application, the court may enter a temporary restraining order
13-25 prohibiting the parent from removing the child from the state
13-26 pending completion of the investigation if the court finds that the
13-27 department or agency has probable cause to conduct the
14-1 investigation and has reason to believe that the parent may remove
14-2 the child from the state.
14-3 (o) Except as provided by Subsection (p) of this section, an
14-4 investigator may not request or recommend a permanent termination
14-5 or modification of possession or access to a child who is the
14-6 subject of an allegation of abuse or neglect before a court.
14-7 (p) An investigator who finds evidence during or at the
14-8 conclusion of an investigation that reasonably indicates that
14-9 removal of a child from the child's home for any length of time may
14-10 be required as the least detrimental alternative to ensure the
14-11 welfare of the child shall present the evidence to an appropriate
14-12 court and request the court to order the removal of the child. An
14-13 investigator must provide written notice to the parent or legal
14-14 guardian of the child before the investigator may request removal
14-15 of the child under this subsection. The notice must inform the
14-16 parent or guardian that the parent or guardian has the right to
14-17 legal representation before the court and that the parent or
14-18 guardian may challenge the request for removal without prejudicing
14-19 the investigation.
14-20 (q) An investigator who finds evidence during or at the
14-21 conclusion of an investigation that reasonably indicates that some
14-22 form of in-home assistance to the family or child that does not
14-23 disrupt the usual living arrangements of the family and child may
14-24 be required as the least detrimental alternative to ensure the
14-25 welfare of the child may request the parents or legal guardian of
14-26 the child to sign an agreement to participate in the in-home
14-27 assistance without obtaining a court order. The agreement must
15-1 contain a waiver that explains the parents' or guardian's right to
15-2 refuse to participate, to have legal representation, and to
15-3 challenge the request. An in-home assistance program may only be
15-4 implemented after the investigator has obtained the signature of a
15-5 parent or guardian to both the agreement and the waiver. If a
15-6 parent or guardian refuses to participate in an in-home assistance
15-7 program, the investigator may request an appropriate court to order
15-8 implementation of the program after providing written notice to the
15-9 parent or guardian that a request for a court order will be made.
15-10 Refusal by a parent or guardian to participate in an in-home
15-11 assistance program does not constitute grounds for an investigator
15-12 to request a court order under Subsection (p) of this section.
15-13 SECTION 9. Section 34.051, Family Code, is amended to read
15-14 as follows:
15-15 Sec. 34.051. Information Relating to Investigation
15-16 Procedure. (a) As soon as possible after initiating an
15-17 investigation under this subchapter of a parent or other person
15-18 having legal custody of a child, the Texas Department of Human
15-19 Services shall provide to the person a brief and easily understood
15-20 summary of:
15-21 (1) the department's procedures for conducting an
15-22 investigation of alleged child abuse or neglect, including:
15-23 (A) a description of the circumstances under
15-24 which the department would seek to remove the child from the home
15-25 through the judicial system; and
15-26 (B) an explanation that the law requires the
15-27 department to refer all reports of alleged child abuse or neglect
16-1 to a law enforcement agency for an investigation <a separate
16-2 determination> of whether a criminal violation occurred;
16-3 (2) the person's right to file a complaint with the
16-4 department, <or> to request a review of the findings made by the
16-5 department in the investigation, or to file a complaint with the
16-6 Office of Youth Care Investigations;
16-7 (3) the person's right to review all records of the
16-8 investigation unless the review would jeopardize an ongoing
16-9 criminal investigation;
16-10 (4) the person's right to seek legal counsel;
16-11 (5) references to the statutory and regulatory
16-12 provisions governing child abuse and neglect and how the person may
16-13 obtain copies of those provisions; <and>
16-14 (6) the process the person may use to acquire access
16-15 to the child if the child is removed from the home;
16-16 (7) the person's right to deny consent to an interview
16-17 with a child who is the subject of an allegation of abuse or
16-18 neglect or with other children in the legal custody of the person
16-19 without prejudicing the investigation;
16-20 (8) the right of the person to have a department
16-21 investigator or caseworker accept, document, and evaluate
16-22 information or evidence offered by the person that an interview
16-23 with a child is not necessary and to receive, in writing from the
16-24 investigator or caseworker, a statement explaining why an interview
16-25 with the child is necessary despite the information or evidence
16-26 offered;
16-27 (9) the person's right to refuse to speak to or
17-1 cooperate with a caseworker without prejudicing the investigation;
17-2 (10) the requirement that a person may only waive the
17-3 person's rights under Subdivision (9) of this subsection by signing
17-4 a waiver that fully explains the person's rights under Subdivision
17-5 (9) of this subsection; and
17-6 (11) the requirement that any information obtained
17-7 from the person may be used in an investigation or included in a
17-8 report only after the person has waived the person's rights under
17-9 Subdivision (9) of this subsection.
17-10 (b) The department shall provide the current addresses and
17-11 phone numbers of the department and the Office of Youth Care
17-12 Investigations to the person receiving the information required
17-13 under Subsection (a) of this section.
17-14 SECTION 10. Section 34.052, Family Code, is amended by
17-15 amending Subsection (c) and adding Subsection (g) to read as
17-16 follows:
17-17 (c) If after a departmental investigation the parent or
17-18 legal guardian of a child <person> who the department alleges to
17-19 likely be at risk of abuse or neglect <has abused or neglected a
17-20 child> disputes the department's determination <of whether child
17-21 abuse or neglect occurred>, the person may request an
17-22 administrative review of the findings. A department employee in
17-23 administration who was not involved in or did not directly
17-24 supervise the investigation shall conduct the review. The review
17-25 must sustain, alter, or reverse the department's original findings
17-26 in the investigation.
17-27 (g) This section does not apply to a determination made by
18-1 the Office of Youth Care Investigations as the result of the filing
18-2 of a complaint with the office.
18-3 SECTION 11. Section 34.053, Family Code, is amended by
18-4 amending Subsection (a) and adding Subsection (d) to read as
18-5 follows:
18-6 (a) If the department receives an anonymous report of child
18-7 abuse or neglect by a person responsible for a child's care,
18-8 custody, or welfare, the department shall conduct a preliminary
18-9 investigation to determine if there is objective <any> evidence to
18-10 corroborate the report.
18-11 (d) The refusal of a parent or guardian of a child to permit
18-12 an investigator to speak with a child who is the subject of an
18-13 allegation of abuse or neglect under this section during a
18-14 preliminary investigation is not grounds for the continuation of
18-15 the investigation unless there is other objective corroborating
18-16 evidence that justifies the need to request a court order to
18-17 interview the child.
18-18 SECTION 12. Section 34.054, Family Code, is amended to read
18-19 as follows:
18-20 Sec. 34.054. INVESTIGATION STANDARDS. (a) The Texas
18-21 Department of Human Services by rule shall develop and adopt
18-22 uniform <voluntary> standards for persons who investigate suspected
18-23 child abuse at the state or local level. <The agency by rule must
18-24 adopt the standards for the standards to be effective.> The
18-25 standards shall encourage professionalism, <and> consistency, and
18-26 objectivity in the investigation of suspected child abuse.
18-27 (b) The standards must provide for a minimum number of hours
19-1 of annual professional training for interviewers and investigators
19-2 of suspected child abuse.
19-3 (c) The Office of Youth Care Investigations and the youth
19-4 care investigations oversight panel shall review the professional
19-5 training curriculum annually to ensure that the curriculum is
19-6 up-to-date and consistent with current clinical and forensic
19-7 psychological and psychiatric research on:
19-8 (1) child abuse;
19-9 (2) the indicators of a false allegation of child
19-10 abuse;
19-11 (3) the signs of a fabrication of child abuse; and
19-12 (4) the methods of preventing and treating child
19-13 abuse.
19-14 (d) <(c)> The professional training curriculum developed
19-15 under this section must include information concerning:
19-16 (1) recognizing physical abuse, including
19-17 distinguishing abuse from ordinary childhood injuries;
19-18 (2) recognizing signs of psychological abuse;
19-19 (3) available treatment resources; and
19-20 (4) the incidence and types of reports of child abuse
19-21 that are received by the investigating agencies, including
19-22 information concerning false reports.
19-23 (e) <(d)> The standards must:
19-24 (1) ensure <recommend> that all interviews with a
19-25 suspected victim are videotaped and that the videotapes are
19-26 unedited <audiotaped interviews with a suspected victim be
19-27 uninterrupted>;
20-1 (2) establish <recommend> a maximum number of
20-2 interviews with and examinations of a suspected victim;
20-3 (3) establish <recommend> procedures to preserve
20-4 evidence, including the original notes, videotapes, and audiotapes;
20-5 <and>
20-6 (4) require <recommend> that an investigator of
20-7 suspected child abuse make a reasonable effort to locate and inform
20-8 each parent of a child of any report of abuse relating to the
20-9 child; and
20-10 (5) establish procedures that prohibit an investigator
20-11 from using interview techniques with a child that manipulate the
20-12 child into making a statement that alleges abuse or neglect,
20-13 including:
20-14 (A) repeated questioning;
20-15 (B) making suggestive statements;
20-16 (C) rehearsing answers;
20-17 (D) hypnosis;
20-18 (E) offering a reward or threatening to punish;
20-19 (F) using an anatomically correct doll;
20-20 (G) using an audio, a video, or a visual aide
20-21 that simulates an abusive act; and
20-22 (H) engaging in physical conduct that simulates
20-23 an abusive act.
20-24 SECTION 13. Subchapter A, Chapter 34, Family Code, is
20-25 amended by adding Section 34.055 to read as follows:
20-26 Sec. 34.055. EDUCATIONAL REQUIREMENTS. (a) To become an
20-27 investigator under this chapter, an employee must, at a minimum,
21-1 have a bachelor's degree in childhood development or an equivalent
21-2 subject area.
21-3 (b) A supervisor of an investigator under this chapter must,
21-4 at a minimum, have a master's degree in childhood development or an
21-5 equivalent subject area.
21-6 SECTION 14. Section 34.06, Family Code, is amended to read
21-7 as follows:
21-8 Sec. 34.06. CENTRAL REGISTRY. (a) The Texas Department of
21-9 Human Services shall establish and maintain in Austin, Texas, a
21-10 central registry of finally adjudicated convictions for child abuse
21-11 and neglect and terminations of conservatorship due to child abuse
21-12 and neglect.
21-13 (b) The following may not be included in the registry:
21-14 (1) reports or cases of alleged abuse or neglect;
21-15 (2) cases in which individuals or families have
21-16 received services for the prevention of child abuse or neglect;
21-17 (3) cases of in-home crisis interventions;
21-18 (4) conservatorship terminations that have been
21-19 reversed; and
21-20 (5) criminal convictions that have been reversed.
21-21 (c) The registry shall be divided into categories that
21-22 distinguish between:
21-23 (1) criminal convictions for sexual assault,
21-24 aggravated sexual assault, physical abuse, and neglect; and
21-25 (2) conservatorship terminations for <reported cases
21-26 of child> abuse or neglect.
21-27 (d) The department may adopt rules and regulations as are
22-1 necessary in carrying out the provisions of this section. <The
22-2 rules shall provide for cooperation with local child service
22-3 agencies, including hospitals, clinics, and schools, and
22-4 cooperation with other states in exchanging reports to effect a
22-5 national registration system.>
22-6 SECTION 15. Section 34.21(c), Family Code, is amended to
22-7 read as follows:
22-8 (c) The office shall:
22-9 (1) adopt a memorandum of understanding with each
22-10 state agency that operates, licenses, certifies, or registers a
22-11 child-care facility that clarifies each agency's responsibilities
22-12 under this chapter;
22-13 (2) establish guidelines relating to the investigation
22-14 of child abuse and neglect in facilities operated, licensed,
22-15 certified, or registered by a state agency that reflect the
22-16 annually reviewed evaluations conducted by the office to maintain
22-17 consistency with current research on:
22-18 (A) child abuse;
22-19 (B) the validity of child abuse allegations;
22-20 (C) preventative approaches;
22-21 (D) false signs of child abuse; and
22-22 (E) procedures for investigating child abuse
22-23 that may manipulate the child into making a statement that alleges
22-24 child abuse or neglect;
22-25 (3) assist state agencies in developing rules,
22-26 policies, and procedures consistent with the evaluations listed in
22-27 Subdivision (2) of this subsection to govern the investigation of
23-1 child abuse and neglect in facilities operated, licensed,
23-2 certified, or registered by the agency; and
23-3 (4) compile, maintain, and make available statistics
23-4 on the incidence of child abuse and neglect in facilities operated,
23-5 licensed, certified, or registered by a state agency.
23-6 SECTION 16. Section 34.22(a), Family Code, is amended to
23-7 read as follows:
23-8 (a) Each state agency that operates, licenses, certifies, or
23-9 registers a facility in which children are located shall make a
23-10 thorough investigation promptly after receiving a report that a
23-11 child has been or may be abused or neglected in a facility
23-12 operated, licensed, certified, or registered by the agency. The
23-13 primary purpose of the investigation shall be the welfare
23-14 <protection> of the child.
23-15 SECTION 17. Section 34.23(c), Family Code, is amended to
23-16 read as follows:
23-17 (c) If the state agency finds evidence indicating that a
23-18 child may have <has> been <or may be> abused or neglected, the
23-19 agency shall <submit a copy of the> report <to> the evidence to the
23-20 appropriate law enforcement agency.
23-21 SECTION 18. Sections 34.25(a) and (c), Family Code, are
23-22 amended to read as follows:
23-23 (a) The Office of Youth Care Investigations shall review
23-24 each report and complaint received by a state agency or the office
23-25 relating to an investigation of abuse or neglect in a facility
23-26 operated by a state agency. The review shall determine whether or
23-27 not the investigation was conducted according to applicable rules
24-1 and the standards set forth in <Subsection (b) of> Section 34.05 of
24-2 this code; if not, the office shall conduct its own investigation.
24-3 The state agency shall provide the office, within 10 working days
24-4 of the request by the office, the case history information
24-5 necessary to conduct an investigation. The office shall conduct an
24-6 investigation in any case where necessary to carry out the intent
24-7 of this chapter and shall report any findings and recommendations
24-8 to the policymaking body of the agency that conducted the
24-9 investigation for any necessary corrective action.
24-10 (c) The office shall review complaints relating to an
24-11 investigation of abuse or neglect conducted by the Texas Department
24-12 of Human Services. An individual may file a complaint with the
24-13 office directly regardless of whether a complaint was submitted to
24-14 <if the complaint could not be resolved through> the department's
24-15 review process established under Section 34.052 of this code. The
24-16 office may review other investigations conducted by the department
24-17 under Section 34.05 of this code as necessary. The department
24-18 shall provide the office, within 10 working days of the request by
24-19 the office, the case history information necessary to conduct a
24-20 review. The office shall conduct an investigation in any case
24-21 where necessary to carry out the intent of this chapter and shall
24-22 report any findings and recommendations to the Texas Board of Human
24-23 Services for any necessary corrective action.
24-24 SECTION 19. Subchapter B, Chapter 34, Family Code, is
24-25 amended by adding Section 34.251 to read as follows:
24-26 Sec. 34.251. YOUTH CARE INVESTIGATIONS OVERSIGHT PANEL. (a)
24-27 The youth care investigations oversight panel is established.
25-1 (b) The oversight panel shall consist of nine members, two
25-2 of whom are appointed from the house of representatives by the
25-3 speaker of the house, two of whom are appointed from the senate by
25-4 the lieutenant governor, and five of whom are clinical child and
25-5 forensic psychologists, child psychiatrists, or parents appointed
25-6 by the governor.
25-7 (c) The oversight panel shall meet with the Office of Youth
25-8 Care Investigations to review the complaint procedures of the
25-9 office and child protective services of the Department of
25-10 Protective and Regulatory Services.
25-11 (d) The oversight panel shall monitor the office's selection
25-12 of training curriculum for investigators and shall amend the
25-13 curriculum as necessary to ensure that the curriculum represents a
25-14 comprehensive understanding about the latest scientific and
25-15 clinically valid approaches to child abuse prevention and treatment
25-16 as well as information about false signs of child abuse and faulty
25-17 procedures for recognizing child abuse.
25-18 SECTION 20. Section 34.50(1), Family Code, is amended to
25-19 read as follows:
25-20 (1) "Child at risk" <"Abused child"> means a child who
25-21 by determination of the department has displayed objective
25-22 indications of a likelihood of having suffered abuse or neglect
25-23 sufficient to qualify for in-home intervention <by a person
25-24 responsible for the child's care, custody, or welfare>.
25-25 SECTION 21. Sections 34.51(a) and (b), Family Code, are
25-26 amended to read as follows:
25-27 (a) When the department provides services directly or by
26-1 contract to a <an abused> child at risk and the child's family, the
26-2 services shall be designed to prevent <further> abuse, to
26-3 ameliorate <alleviate> the effects of possible <the> abuse that may
26-4 have occurred <suffered>, to prevent removal of the child from the
26-5 home, and to provide reunification services when appropriate for
26-6 the return of the child to the home. The department shall
26-7 emphasize ameliorative services for <sexually abused> children at
26-8 risk of sexual abuse.
26-9 (b) The department shall provide or contract for necessary
26-10 services to a <an abused> child at risk and the child's family
26-11 whether the child remains in or is removed from the family home.
26-12 If parental rights have been terminated, services may be provided
26-13 only to the child.
26-14 SECTION 22. Section 34.52, Family Code, is amended to read
26-15 as follows:
26-16 Sec. 34.52. STANDARDS AND EFFECTIVENESS. (a) The
26-17 department, with assistance from nationally recognized clinical
26-18 child psychologists, child psychiatrists, and childhood
26-19 behaviorists <national organizations> with expertise in prevention
26-20 and treatment of childhood trauma <child protective services>,
26-21 shall define a minimal baseline of in-home and foster care services
26-22 for <abused> children at risk of abuse or neglect that meets the
26-23 professionally recognized standards for those services. The
26-24 department shall attempt to provide services at a standard not
26-25 lower than the minimal baseline standard.
26-26 (b) The department, with assistance from nationally
26-27 recognized clinical child psychologists, child psychiatrists, and
27-1 childhood behaviorists <national organizations> with expertise in
27-2 prevention and treatment of childhood trauma <child protective
27-3 services>, shall develop outcome measures to track and monitor the
27-4 effectiveness of in-home and foster care services.
27-5 SECTION 23. Section 34.53(a), Family Code, is amended to
27-6 read as follows:
27-7 (a) Except as provided by Subsection (b) of this section,
27-8 the court on request of the department may order the parent,
27-9 managing conservator, guardian, or other member of the at-risk
27-10 <abused> child's household to participate in the services the
27-11 department provides or purchases for alleviating the effects of
27-12 abuse that may have occurred and to permit the at-risk <abused>
27-13 child and any siblings to receive the services. The department may
27-14 request the court to order the parent, managing conservator,
27-15 guardian, or other member of the at-risk <abused> child's household
27-16 to participate in the services whether the child resides in the
27-17 home or has been removed from the home. If the person ordered to
27-18 participate in the services fails to follow the court's order, the
27-19 court may impose community service as a sanction for contempt.
27-20 SECTION 24. The importance of this legislation and the
27-21 crowded condition of the calendars in both houses create an
27-22 emergency and an imperative public necessity that the
27-23 constitutional rule requiring bills to be read on three several
27-24 days in each house be suspended, and this rule is hereby suspended,
27-25 and that this Act take effect and be in force from and after its
27-26 passage, and it is so enacted.