By: Harris of Tarrant S.B. No. 311
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain investigations regarding the physical health or
1-2 safety of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 17.031, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 17.031. NOTICE TO PARENT OR GUARDIAN. (a) If during a
1-7 preliminary investigation regarding the possibility of taking
1-8 possession of a child under Section 17.02 or 17.03 of this code a
1-9 representative of the Texas Department of Human Services or other
1-10 agency conducts an interview with or an examination of a child, the
1-11 department or other agency must attempt within 24 hours after the
1-12 interview or examination to notify the child's parent or legal
1-13 guardian that the interview or examination was conducted.
1-14 (b) When a representative of the Texas Department of Human
1-15 Services or other agency takes possession of a child under Section
1-16 17.02 or 17.03 of this code, the department or other agency must
1-17 give written notice as prescribed by this subsection to the child's
1-18 parent or a legal guardian. The written notice must be given as
1-19 soon as practicable, but in any event before the latter of the
1-20 first working day after the child is taken into possession or the
1-21 date of the hearing required by Subsection (c) of Section 17.03 of
1-22 this code. The written notice may be waived by the court at the
1-23 hearing held under Subsection (c) of Section 17.03 of this code on
2-1 a showing by the Texas Department of Human Services or other agency
2-2 taking possession of the child that the parents or legal guardian
2-3 of the child could not be located. The written notice must
2-4 include:
2-5 (1) the reasons why the department or agency is taking
2-6 possession of the child and the facts that led the department to
2-7 believe that the child should be taken into custody;
2-8 (2) the name of the person at the department or agency
2-9 that the parent or other custodian may contact for information
2-10 relating to the child or any legal proceeding relating to the
2-11 child;
2-12 (3) a summary of legal rights of parents or other
2-13 custodians under this chapter and an explanation of the probable
2-14 legal procedures relating to the child; and
2-15 (4) a statement that the parent or other custodian has
2-16 the right to hire an attorney.
2-17 SECTION 2. Subchapter A, Chapter 34, Family Code, is amended
2-18 by adding Section 34.055 to read as follows:
2-19 Sec. 34.055. WITNESS FOR PHYSICAL EXAM REQUIRED. If a
2-20 physical examination of a child is performed as part of an
2-21 investigation under Section 34.05 or 34.053 of this code, a witness
2-22 of the same sex as the child must be present at all times during
2-23 the examination.
2-24 SECTION 3. This Act takes effect September 1, 1993.
2-25 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.