By: Leedom S.B. No. 1033
A BILL TO BE ENTITLED
AN ACT
1-1 relating to reports of, and suits for the protection of, abused
1-2 children; providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 17.03, Family Code, is amended by adding
1-5 Subsection (j) to read as follows:
1-6 (j) When a child is taken into possession under this
1-7 section, the person taking the child into possession must make
1-8 every reasonable effort to place the child in the child's home if a
1-9 person entitled to possession of the child can provide a safe
1-10 environment for the child in the home.
1-11 SECTION 2. Section 34.011, Family Code, is amended to read
1-12 as follows:
1-13 Sec. 34.011. Form. The Texas Department of Human Services
1-14 shall promulgate a form and cause a sample to be distributed for
1-15 the reporting of information or observations about suspected
1-16 occurrences of child abuse as required by Section 34.01 of this
1-17 code. Copies of the form shall be distributed to all licensed
1-18 hospitals in this state to be available for use without charge by
1-19 hospital employees, physicians, patients, and other persons. The
1-20 form shall include a statement that child abuse reports are
1-21 confidential and that information contained in the reports,
1-22 including the name of the person making the report, may be used
1-23 only for the purposes consistent with the investigation of child
1-24 abuse. The form shall give the address of the Texas Department of
2-1 Human Services. Hospital employees, physicians, patients, and
2-2 other persons must complete the form and return it to the Texas
2-3 Department of Human Services.
2-4 SECTION 3. Subsection (a), Section 34.02, Family Code, is
2-5 amended to read as follows:
2-6 (a) Nonaccusatory reports reflecting the reporter's belief
2-7 that a child has been, is being, or will be abused or neglected, or
2-8 has died of abuse or neglect, has violated the compulsory school
2-9 attendance laws on three or more occasions, or has, on three or
2-10 more occasions, been voluntarily absent from his home without the
2-11 consent of his parent or guardian for a substantial length of time
2-12 or without the intent to return shall be made to:
2-13 (1) any local or state law enforcement agency;
2-14 (2) the Texas Department of Human Services;
2-15 (3) the state agency that operates, licenses,
2-16 certifies, or registers the facility in which the alleged abuse or
2-17 neglect occurred; or
2-18 (4) the agency designated by the court to be
2-19 responsible for the protection of children.
2-20 SECTION 4. Subchapter A, Chapter 34, Family Code, is amended
2-21 by adding Section 34.0311 to read as follows:
2-22 Sec. 34.0311. MANIPULATION OF CHILD TO MAKE FALSE REPORT.
2-23 (a) A person commits an offense if the person knowingly or
2-24 intentionally manipulates a child into making a statement that
2-25 becomes the basis of an allegation in a report of sexual, physical,
2-26 or emotional abuse or neglect of the child.
2-27 (b) An offense under this section is a Class A misdemeanor.
3-1 (c) In this section, "manipulation" means:
3-2 (1) repeated questioning for the purpose of causing
3-3 the child to make a false statement alleging abuse or neglect;
3-4 (2) rehearsing answers with the child;
3-5 (3) hypnosis of the child; and
3-6 (4) offering a reward or threatening to punish the
3-7 child.
3-8 SECTION 5. Section 34.05, Family Code, is amended to read as
3-9 follows:
3-10 Sec. 34.05. Investigation and Report of Receiving Agency.
3-11 (a) Unless the report alleges that the abuse or neglect occurred
3-12 in a facility operated, licensed, certified, or registered by
3-13 another state agency, the Texas Department of Human Services or the
3-14 agency designated by the court to be responsible for the protection
3-15 of children shall make a thorough investigation promptly after
3-16 receiving either the oral or written report of child abuse or
3-17 neglect by a person responsible for a child's care, custody, or
3-18 welfare. If the report is anonymous, the department shall make the
3-19 investigation after determining that there is some objective
3-20 evidence to corroborate the report as prescribed by Section 34.053
3-21 of this code. If the report alleges that the abuse or neglect
3-22 occurred in a facility operated, licensed, certified, or registered
3-23 by another state agency, that agency shall investigate the report
3-24 as prescribed by Subchapter B of this chapter. If the report
3-25 alleges child abuse or neglect in a location other than a facility
3-26 operated, licensed, certified, or registered by a state agency and
3-27 by a person other than a person responsible for a child's care,
4-1 custody, or welfare, the department is not required to investigate
4-2 the report. The appropriate state or local law enforcement agency
4-3 shall investigate that report if that agency determines an
4-4 investigation should be conducted. The department by rule shall
4-5 <may> assign priorities to investigations based on the severity and
4-6 immediacy of the alleged harm to the child. <If the department
4-7 establishes a priority system, the department shall adopt the
4-8 system by rule.> The primary purpose of the investigation shall be
4-9 the protection of the child by determining whether in-home crisis
4-10 intervention and education or other child and family services are
4-11 necessary to protect the child from abuse or neglect.
4-12 (b) The department shall conduct an investigation for
4-13 observable and objective indications that abuse or neglect is
4-14 likely to have occurred or is likely to occur.
4-15 (c) If the department determines that in-home crisis
4-16 intervention is necessary and justified, the department shall make
4-17 every reasonable effort to maintain the child in the child's home.
4-18 (d) As necessary to complete a thorough investigation, the
4-19 department or agency shall collect information about <determine>:
4-20 (1) objective indicators that <the nature, extent, and
4-21 cause of the> abuse or neglect may have occurred;
4-22 (2) the identity of the person alleged to be
4-23 responsible for the abuse or neglect;
4-24 (3) the names and conditions of the other children in
4-25 the home;
4-26 (4) an evaluation of the parents or persons
4-27 responsible for the care of the child;
5-1 (5) the adequacy of the home environment;
5-2 (6) the relationship of the child to the parents or
5-3 persons responsible for the care of the child; and
5-4 (7) all other pertinent data.
5-5 (e) <(c)> The investigation shall include a visit to the
5-6 child's home, unless the alleged risk of or actual abuse or neglect
5-7 can be confirmed or clearly ruled out without a home visit, and an
5-8 interview with and examination of the subject child.
5-9 (f) The interview with and examination of the child may be
5-10 conducted at any reasonable time and at any reasonable place,
5-11 including the child's school. The investigation may include an
5-12 interview with the child's parents and an interview with and
5-13 examination of any child in the home. The investigation may
5-14 include a medical, psychological, or psychiatric examination of any
5-15 child in that home. If admission to the home, school, or any place
5-16 where the child may be cannot be obtained, then the juvenile court,
5-17 district court, or other court having family law jurisdiction, upon
5-18 cause shown, shall order the parents or the persons responsible for
5-19 the care of the children, or the person in charge of any place
5-20 where the child may be, to allow entrance for the interview, the
5-21 examination, and the investigation. If the parents or person
5-22 responsible for the child's care does not consent to a medical,
5-23 psychological, or psychiatric examination of the child that is
5-24 requested by the department or agency, the juvenile court, district
5-25 court, or other court having family law jurisdiction, upon cause
5-26 shown, shall order the examination to be made at the times and
5-27 places designated by the court. The investigation may include an
6-1 inquiry into the possibility that the child, a parent, or a person
6-2 responsible for the care of the child has a history of mental
6-3 illness. If the parents or person responsible for the care of the
6-4 child does not allow the department or agency to have access to
6-5 mental health records requested by the department or agency, the
6-6 juvenile court, district court, or other court having family law
6-7 jurisdiction, on good cause shown, shall by order allow the
6-8 department or agency to have access to the records under terms and
6-9 conditions prescribed by the court. If the court determines that
6-10 the parent or person responsible for the care of the child is
6-11 indigent, the court shall appoint an attorney to represent the
6-12 parent or person responsible for the child at the hearing to obtain
6-13 mental health records. The fees for said attorney shall be paid by
6-14 the department or agency. A parent or person responsible for the
6-15 child's care is entitled to notice and a hearing when the
6-16 department or agency seeks a court order to allow a medical,
6-17 psychological, or psychiatric examination or access to mental
6-18 health records. This access does not constitute a waiver of
6-19 confidentiality.
6-20 (g) <(d)> If, before the investigation is complete, the
6-21 opinion of the investigators is that immediate removal is necessary
6-22 to protect the child from <further> abuse or neglect in accordance
6-23 with the emergency guidelines set forth in Chapter 17 of this code,
6-24 the investigators shall file a petition pursuant to that chapter
6-25 <Chapter 17 of this code> for temporary care and protection of the
6-26 child.
6-27 (h) <(e)> The agency designated by the court to be
7-1 responsible for the protection of children or the department shall
7-2 make a complete written report of the investigation. The report,
7-3 together with its recommendations, shall be submitted to the
7-4 juvenile court or the district court, the district attorney, and
7-5 the appropriate law enforcement agency if sufficient grounds for
7-6 the institution of a suit affecting the parent-child relationship
7-7 are found. If the investigation relates to an allegation of abuse
7-8 or neglect in a facility operated, licensed, certified, or
7-9 registered by a state agency, the agency shall report as prescribed
7-10 by Subchapter B of this chapter. If the investigation relates to
7-11 an allegation of abuse or neglect in a facility that is not
7-12 operated, licensed, certified, or registered by a state agency, the
7-13 department shall submit the report of the investigation to the
7-14 policymaking body of the facility for any necessary corrective
7-15 action.
7-16 (i) <(f)> On the receipt of the report and recommendation
7-17 required by Subsection (h) <(e)> of this section, the court may
7-18 direct the investigator to file a petition seeking appropriate
7-19 relief under Subtitle A of this title.
7-20 (j) <(g)> If the department or agency has reason to believe
7-21 that a parent of the child may remove the child from the state
7-22 before the investigation is completed, the department or agency may
7-23 file an application for a temporary restraining order in any
7-24 district court without regard to continuing jurisdiction of the
7-25 child under Section 11.05 of this code. After a hearing on the
7-26 application, the court may enter a temporary restraining order
7-27 prohibiting the parent from removing the child from the state
8-1 pending completion of the investigation if the court finds that the
8-2 department or agency has probable cause to conduct the
8-3 investigation and has reason to believe that the parent may remove
8-4 the child from the state.
8-5 (k) Except as provided by Subsections (g) and (l) of this
8-6 section, an investigator may not request or recommend to a court a
8-7 permanent termination or modification of possession of or access to
8-8 a child who is the subject of an allegation of abuse or neglect
8-9 before a court.
8-10 (l) Except for the removal of a child from the home of the
8-11 child initiated under provisions of Chapter 17 of this code, if an
8-12 investigator finds evidence during or at the conclusion of the
8-13 investigation that reasonably indicates that removal of a child
8-14 from the child's home for any length of time may be required as
8-15 the least detrimental alternative to ensure the protection of the
8-16 child, the investigator shall present the evidence to the juvenile
8-17 court, district court, or other court having family law
8-18 jurisdiction and upon good cause shown request the court to order
8-19 the removal of the child. An investigator must make a reasonable
8-20 effort to provide written notice to the parent or legal guardian of
8-21 the child before the department petitions a court for the removal
8-22 of the child under this subsection. The notice must inform the
8-23 parent or guardian that the parent or guardian has the right to
8-24 legal representation before the court and that the parent or
8-25 guardian may challenge the request for removal without prejudicing
8-26 the investigation.
8-27 (m) An investigator who finds evidence during or at the
9-1 conclusion of an investigation that reasonably indicates that some
9-2 form of in-home assistance to the family or child that does not
9-3 disrupt the usual living arrangements of the family and child may
9-4 be required as the least detrimental alternative to ensure the
9-5 protection of the child may request the parents or legal guardian
9-6 of the child to sign an agreement to participate in the in-home
9-7 assistance without obtaining a court order. An in-home assistance
9-8 program may only be implemented after the investigator has obtained
9-9 the signature of a parent or guardian to the agreement. If a
9-10 parent or guardian refuses to participate in an in-home assistance
9-11 program, the investigator may request a juvenile court, a district
9-12 court, or other court having family law jurisdiction to order
9-13 implementation of the program after providing written notice to the
9-14 parent or guardian that a request for a court order will be made.
9-15 SECTION 6. Section 34.051, Family Code, is amended to read
9-16 as follows:
9-17 Sec. 34.051. INFORMATION RELATING TO INVESTIGATION
9-18 PROCEDURE. (a) As soon as possible after initiating an
9-19 investigation under this subchapter of a parent or other person
9-20 having legal custody of a child, the Texas Department of Human
9-21 Services shall provide to the person a brief and easily understood
9-22 summary of:
9-23 (1) the department's procedures for conducting an
9-24 investigation of alleged child abuse or neglect, including:
9-25 (A) a description of the circumstances under
9-26 which the department would seek to remove the child from the home
9-27 through the judicial system; and
10-1 (B) an explanation that the law requires the
10-2 department to refer all reports of alleged child abuse or neglect
10-3 to a law enforcement agency for a possible investigation <separate
10-4 determination> of whether a criminal violation occurred;
10-5 (2) the person's right to file a complaint with the
10-6 department, <or> to request a review of the findings made by the
10-7 department in the investigation, or to file a complaint with the
10-8 Office of Youth Care Investigations;
10-9 (3) the person's right to review all records of the
10-10 investigation unless the review would jeopardize an ongoing
10-11 criminal investigation;
10-12 (4) the person's right to seek legal counsel;
10-13 (5) references to the statutory and regulatory
10-14 provisions governing child abuse and neglect and how the person may
10-15 obtain copies of those provisions; and
10-16 (6) the process the person may use to acquire access
10-17 to the child if the child is removed from the home.
10-18 (b) The department shall provide the current addresses and
10-19 phone numbers of the department and the Office of Youth Care
10-20 Investigations to the person receiving the information required
10-21 under Subsection (a) of this section.
10-22 SECTION 7. Section 34.052, Family Code, is amended by
10-23 amending Subsection (c) and adding Subsection (g) to read as
10-24 follows:
10-25 (c) If after a departmental investigation a parent, legal
10-26 guardian, or other person responsible for a child's care, custody,
10-27 or welfare <the person> who the department alleges is likely to be
11-1 at risk of abuse or neglect <has abused or neglected a child>
11-2 disputes the department's determination <of whether child abuse or
11-3 neglect occurred>, the person may request an administrative review
11-4 of the findings. A department employee in administration who was
11-5 not involved in or did not directly supervise the investigation
11-6 shall conduct the review. The review must sustain, alter, or
11-7 reverse the department's original findings in the investigation.
11-8 (g) This section does not apply to a determination made by
11-9 the Office of Youth Care Investigations as the result of the
11-10 filing of a complaint with the office.
11-11 SECTION 8. Subsection (a), Section 34.053, Family Code, is
11-12 amended to read as follows:
11-13 (a) If the department receives an anonymous report of child
11-14 abuse or neglect by a person responsible for a child's care,
11-15 custody, or welfare, the department shall conduct a preliminary
11-16 investigation to determine if there is objective <any> evidence to
11-17 corroborate the report.
11-18 SECTION 9. Section 34.054, Family Code, is amended to read
11-19 as follows:
11-20 Sec. 34.054. Investigation Standards. (a) The Texas
11-21 Department of Human Services by rule shall develop and adopt
11-22 uniform <voluntary> standards for persons within the department who
11-23 investigate suspected child abuse at the state or local level.
11-24 Standards adopted by the department shall be considered by other
11-25 agencies who investigate suspected child abuse when they promulgate
11-26 standards and policies for investigations by their personnel. <The
11-27 agency by rule must adopt the standards for the standards to be
12-1 effective.> The standards shall encourage professionalism and
12-2 consistency and require objectivity in the investigation of
12-3 suspected child abuse.
12-4 (b) The standards must require <provide for> a minimum
12-5 number of hours of annual professional training for interviewers
12-6 and investigators of suspected child abuse.
12-7 (c) The Office of Youth Care Investigations and the youth
12-8 care investigations oversight panel shall review the professional
12-9 training curriculum annually to ensure that the curriculum is
12-10 up-to-date and consistent with current research by nationally
12-11 recognized behavioral scientists including clinical child
12-12 psychologists, child psychiatrists, and childhood behaviorists with
12-13 expertise in prevention of abuse and neglect and treatment of
12-14 children at risk of abuse and neglect on:
12-15 (1) child abuse;
12-16 (2) the indicators of a false allegation of child
12-17 abuse;
12-18 (3) the signs of a fabrication of child abuse; and
12-19 (4) the methods of preventing and treating child
12-20 abuse.
12-21 (d) <(c)> The professional training curriculum developed
12-22 under this section must include information concerning:
12-23 (1) recognizing physical abuse, including
12-24 distinguishing abuse from ordinary childhood injuries;
12-25 (2) recognizing signs of psychological abuse;
12-26 (3) available treatment resources; <and>
12-27 (4) the incidence and types of reports of child abuse
13-1 that are received by the investigating agencies, including
13-2 information concerning false reports, to include the need for
13-3 informing persons suspected of submitting false reports of the
13-4 provisions of Section 34.031, Family Code, and Section 12.22, Penal
13-5 Code, as appropriate;
13-6 (5) procedures for conducting investigations of child
13-7 abuse or neglect which include the gathering of all relevant
13-8 evidence and the conclusion of which shall be based on an objective
13-9 examination of all relevant evidence.
13-10 (e) <(d)> The standards must:
13-11 (1) recommend that videotaped and audiotaped
13-12 interviews with a suspected victim be uninterrupted;
13-13 (2) recommend a maximum number of interviews with and
13-14 examinations of a suspected victim;
13-15 (3) establish <recommend> procedures to preserve
13-16 evidence, including the original notes, videotapes, and audiotapes;
13-17 <and>
13-18 (4) require <recommend> that an investigator of
13-19 suspected child abuse make a reasonable effort to locate and inform
13-20 each parent of a child of any report of abuse relating to the
13-21 child; and
13-22 (5) establish procedures that prohibit an investigator
13-23 from using interview techniques with a child that manipulate the
13-24 child into making a statement that alleges abuse or neglect,
13-25 including:
13-26 (A) repeated questioning for the purpose of
13-27 causing the child to make a false statement alleging abuse or
14-1 neglect;
14-2 (B) rehearsing answers;
14-3 (C) hypnosis; and
14-4 (D) offering a reward or threatening to punish.
14-5 SECTION 10. Subchapter A, Chapter 34, Family Code, is
14-6 amended by adding Section 34.055 to read as follows:
14-7 Sec. 34.055. EDUCATIONAL REQUIREMENTS. To become an
14-8 investigator or supervisor of an investigator under this chapter,
14-9 an employee must, at a minimum, have a bachelor's degree.
14-10 SECTION 11. Subsection (c), Section 34.21, Family Code, is
14-11 amended to read as follows:
14-12 (c) The office shall:
14-13 (1) adopt a memorandum of understanding with each
14-14 state agency that operates, licenses, certifies, or registers a
14-15 child-care facility that clarifies each agency's responsibilities
14-16 under this chapter;
14-17 (2) establish guidelines relating to the investigation
14-18 of child abuse and neglect in facilities operated, licensed,
14-19 certified, or registered by a state agency that reflect the
14-20 annually reviewed evaluations conducted by the office to maintain
14-21 consistency with current research on:
14-22 (A) child abuse;
14-23 (B) the validity of child abuse allegations;
14-24 (C) preventative approaches;
14-25 (D) false signs of child abuse; and
14-26 (E) procedures for investigating child abuse
14-27 that may manipulate the child into making a false statement that
15-1 alleges child abuse or neglect;
15-2 (3) assist state agencies in developing rules,
15-3 policies, and procedures consistent with the evaluations listed in
15-4 Subdivision (2) of this subsection to govern the investigation of
15-5 child abuse and neglect in facilities operated, licensed,
15-6 certified, or registered by the agency; and
15-7 (4) compile, maintain, and make available statistics
15-8 on the incidence of child abuse and neglect in facilities operated,
15-9 licensed, certified, or registered by a state agency.
15-10 SECTION 12. Subsection (c), Section 34.23, Family Code, is
15-11 amended to read as follows:
15-12 (c) If the state agency finds evidence indicating that a
15-13 child may have <has> been <or may be> abused or neglected, the
15-14 agency shall <submit a copy of the> report <to> the evidence to the
15-15 appropriate law enforcement agency.
15-16 SECTION 13. Subsections (a) and (c), Section 34.25, Family
15-17 Code, are amended to read as follows:
15-18 (a) The Office of Youth Care Investigations shall review each
15-19 report and complaint received by a state agency or the office
15-20 relating to an investigation of abuse or neglect in a facility
15-21 operated by a state agency. The review shall determine whether or
15-22 not the investigation was conducted according to applicable rules
15-23 and the standards set forth in <Subsection (b) of> Section 34.05 of
15-24 this code; if not, the office shall conduct its own investigation.
15-25 The state agency shall provide the office, within 10 working days
15-26 of the request by the office, the case history information
15-27 necessary to conduct an investigation. The office shall conduct an
16-1 investigation in any case where necessary to carry out the intent
16-2 of this chapter and shall report any findings and recommendations
16-3 to the policymaking body of the agency that conducted the
16-4 investigation for any necessary corrective action.
16-5 (c) The office shall review complaints relating to an
16-6 investigation of abuse or neglect conducted by the Texas Department
16-7 of Human Services. An individual may file a complaint with the
16-8 office directly regardless of whether a complaint was submitted to
16-9 <if the complaint could not be resolved through> the department's
16-10 review process established under Section 34.052 of this code. The
16-11 office may review other investigations conducted by the department
16-12 under Section 34.05 of this code as necessary. The department
16-13 shall provide the office, within 10 working days of the request by
16-14 the office, the case history information necessary to conduct a
16-15 review. The office shall conduct an investigation in any case
16-16 where necessary to carry out the intent of this chapter and shall
16-17 report any findings and recommendations to the <Texas> Board of
16-18 Protective and Regulatory <Human> Services for any necessary
16-19 corrective action.
16-20 SECTION 14. Subchapter B, Chapter 34, Family Code, is
16-21 amended by adding Section 34.251 to read as follows:
16-22 Sec. 34.251. YOUTH CARE INVESTIGATIONS OVERSIGHT PANEL.
16-23 (a) The youth care investigations oversight panel is established.
16-24 (b) The oversight panel shall consist of nine members, two
16-25 of whom are appointed from the house of representatives by the
16-26 speaker of the house of representatives, two of whom are appointed
16-27 from the senate by the lieutenant governor, and five of whom are
17-1 persons with advanced training and degrees and practical experience
17-2 in subjects related to child abuse treatment and prevention or
17-3 parents, appointed by the governor.
17-4 (c) The oversight panel shall meet with the Office of Youth
17-5 Care Investigations to review the complaint procedures of the
17-6 office and child protective services of the Department of
17-7 Protective and Regulatory Services.
17-8 (d) The oversight panel shall monitor the office's selection
17-9 of training curriculum for investigators and shall amend the
17-10 curriculum as necessary to ensure that the curriculum represents a
17-11 comprehensive understanding of the latest scientific and clinically
17-12 valid approaches to child abuse prevention and treatment as well as
17-13 information about false signs of child abuse and faulty procedures
17-14 for recognizing child abuse.
17-15 (e) Members of the oversight panel shall serve at the
17-16 pleasure of their appointing official.
17-17 SECTION 15. Subdivision (1), Section 34.50, Family Code, is
17-18 amended to read as follows:
17-19 (1) "Child at risk" <"Abused child"> means a child who
17-20 by determination of the department has manifested objective
17-21 indications or whose home environment has manifested objective
17-22 indications of a likelihood that the child has been, is being, or
17-23 will be abused or neglected sufficient to qualify for in-home
17-24 intervention <suffered abuse or neglect by a person responsible for
17-25 the child's care, custody, or welfare>.
17-26 SECTION 16. Subsections (a) and (b), Section 34.51, Family
17-27 Code, are amended to read as follows:
18-1 (a) When the department provides services directly or by
18-2 contract to a <an abused> child at risk and the child's family, the
18-3 services shall be designed to prevent <further> abuse, to
18-4 ameliorate <alleviate> the effects of possible <the> abuse that may
18-5 have occurred <suffered>, to prevent removal of the child from the
18-6 home, and to provide reunification services when appropriate for
18-7 the return of the child to the home. The department shall
18-8 emphasize ameliorative services for <sexually abused> children at
18-9 risk of sexual abuse.
18-10 (b) The department shall provide or contract for necessary
18-11 services to a <an abused> child at risk and the child's family
18-12 whether the child remains in or is removed from the family home.
18-13 If parental rights have been terminated, services may be provided
18-14 only to the child.
18-15 SECTION 17. Section 34.52, Family Code, is amended to read
18-16 as follows:
18-17 Sec. 34.52. Standards and Effectiveness. (a) The
18-18 department, with assistance from nationally recognized behavioral
18-19 research scientists including clinical child psychologists, child
18-20 psychiatrists, and childhood behaviorists <national organizations>
18-21 with expertise in prevention of child abuse and neglect and
18-22 treatment of children at risk of abuse or neglect <child protective
18-23 services>, shall define a minimal baseline of in-home and foster
18-24 care services for <abused> children at risk of abuse or neglect
18-25 that meets the professionally recognized standards for those
18-26 services. The department shall attempt to provide services at a
18-27 standard not lower than the minimal baseline standard.
19-1 (b) The department, with assistance from nationally
19-2 recognized behavioral research scientists including clinical child
19-3 psychologists, child psychiatrists, and childhood behaviorists
19-4 <national organizations> with expertise in prevention of abuse and
19-5 neglect and treatment of children at risk of abuse and neglect
19-6 <child protective services>, shall develop outcome measures to
19-7 track and monitor the effectiveness of in-home and foster care
19-8 services.
19-9 SECTION 18. Subsection (a), Section 34.53, Family Code, is
19-10 amended to read as follows:
19-11 (a) Except as provided by Subsection (b) of this section,
19-12 the court on request of the department may order the parent,
19-13 managing conservator, guardian, or other member of the at-risk
19-14 <abused> child's household to participate in the services the
19-15 department provides or purchases for alleviating the effects of
19-16 abuse that may have occurred and to permit the at-risk <abused>
19-17 child and any siblings to receive the services. The department may
19-18 request the court to order the parent, managing conservator,
19-19 guardian, or other member of the at-risk <abused> child's household
19-20 to participate in the services whether the child resides in the
19-21 home or has been removed from the home. If the person ordered to
19-22 participate in the services fails to follow the court's order, the
19-23 court may impose community service as a sanction for contempt.
19-24 SECTION 19. This Act takes effect September 1, 1993.
19-25 SECTION 20. The importance of this legislation and the
19-26 crowded condition of the calendars in both houses create an
19-27 emergency and an imperative public necessity that the
20-1 constitutional rule requiring bills to be read on three several
20-2 days in each house be suspended, and this rule is hereby suspended.