By: Leedom S.B. No. 1033
73R5633 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. If a parent or legal guardian of the child is not
1-12 available to take possession of the child in the child's home, the
1-13 person taking the child into possession must make every reasonable
1-14 effort to place the child with another relative who is able to care
1-15 for the child on a temporary basis.
1-16 SECTION 2. Section 34.011, Family Code, is amended to read
1-17 as follows:
1-18 Sec. 34.011. Form. The Texas Department of Human Services
1-19 shall promulgate a form and cause a sample to be distributed for
1-20 the reporting of information or observations about suspected
1-21 occurrences of child abuse as required by Section 34.01 of this
1-22 code. Copies of the form shall be distributed to all licensed
1-23 hospitals in this state to be available for use without charge by
1-24 hospital employees, physicians, patients, and other persons. The
2-1 form shall include a statement that child abuse reports are
2-2 confidential and that information contained in the reports,
2-3 including the name of the person making the report, may be used
2-4 only for the purposes consistent with the investigation of child
2-5 abuse. The form shall give the address of the Texas Department of
2-6 Human Services. Hospital employees, physicians, patients, and
2-7 other persons must complete the form and return it to the Texas
2-8 Department of Human Services.
2-9 SECTION 3. Section 34.012(2), Family Code, is amended to
2-10 read as follows:
2-11 (2) "Neglect" includes:
2-12 (A) the leaving of a child in a situation where
2-13 the child would be exposed to a substantial risk of harm, without
2-14 arranging for necessary care for the child, and a demonstration of
2-15 an intent not to return by a parent, guardian, or managing or
2-16 possessory conservator of the child;
2-17 (B) the following acts or omissions by any
2-18 person:
2-19 (i) placing the child in or failing to
2-20 remove the child from a situation that a reasonable person would
2-21 realize requires judgment or actions beyond the child's level of
2-22 maturity, physical condition, or mental abilities and that results
2-23 in bodily injury or a substantial risk of immediate harm to the
2-24 child;
2-25 (ii) the failure to seek, obtain, or
2-26 follow through with medical care for the child, with the failure
2-27 resulting in or presenting a substantial risk of death,
3-1 disfigurement, or bodily injury or with the failure resulting in an
3-2 observable and material impairment to the growth, development, or
3-3 functioning of the child; or
3-4 (iii) the failure to provide the child
3-5 with food, clothing, or shelter necessary to sustain the life or
3-6 health of the child, excluding failure caused primarily by
3-7 financial inability unless relief services had been offered and
3-8 refused and excluding failure to provide food necessary to sustain
3-9 the health of the child caused primarily by the person's lack of
3-10 nutritional education unless educational services about proper
3-11 nutrition had been offered and refused; or
3-12 (C) the failure by the person responsible for a
3-13 child's care, custody, or welfare to permit the child to return to
3-14 the child's home without arranging for the necessary care for the
3-15 child after the child has been absent from the home for any reason,
3-16 including having been in residential placement or having run away.
3-17 SECTION 4. Section 34.02(a), Family Code, is amended to read
3-18 as follows:
3-19 (a) Nonaccusatory reports reflecting the reporter's belief
3-20 that a child has been or is being <will be> abused or neglected, or
3-21 has died of abuse or neglect, has violated the compulsory school
3-22 attendance laws on three or more occasions, or has, on three or
3-23 more occasions, been voluntarily absent from his home without the
3-24 consent of his parent or guardian for a substantial length of time
3-25 or without the intent to return shall be made to:
3-26 (1) any local or state law enforcement agency;
3-27 (2) the Texas Department of Human Services;
4-1 (3) the state agency that operates, licenses,
4-2 certifies, or registers the facility in which the alleged abuse or
4-3 neglect occurred; or
4-4 (4) the agency designated by the court to be
4-5 responsible for the protection of children.
4-6 SECTION 5. Section 34.031, Family Code, is amended by
4-7 amending Subsection (a) and adding Subsection (c) to read as
4-8 follows:
4-9 (a) A person commits an offense if the person knowingly or
4-10 intentionally makes a report under this chapter that the person
4-11 knows lacks factual foundation. An offense under this subsection
4-12 is a Class A <B> misdemeanor.
4-13 (c) A state agency to which a person makes a report of child
4-14 abuse shall inform the person of the provisions of this section and
4-15 Section 12.21, Penal Code.
4-16 SECTION 6. Subchapter A, Chapter 34, Family Code, is amended
4-17 by adding Section 34.0311 to read as follows:
4-18 Sec. 34.0311. MANIPULATION OF CHILD TO MAKE FALSE REPORT.
4-19 (a) A person commits an offense if the person knowingly or
4-20 intentionally manipulates a child into making a statement that
4-21 becomes the basis of an allegation in a report of sexual or
4-22 physical abuse of the child.
4-23 (b) An offense under this section is a Class A misdemeanor.
4-24 (c) In this section, "manipulation" includes:
4-25 (1) repeated questioning of the child;
4-26 (2) rehearsing answers with the child;
4-27 (3) hypnosis of the child; and
5-1 (4) offering a reward or threatening to punish the
5-2 child.
5-3 SECTION 7. Section 34.05, Family Code, is amended to read as
5-4 follows:
5-5 Sec. 34.05. INVESTIGATION AND REPORT OF RECEIVING AGENCY.
5-6 (a) Unless the report alleges that the abuse or neglect occurred
5-7 in a facility operated, licensed, certified, or registered by
5-8 another state agency, the Texas Department of Human Services or the
5-9 agency designated by the court to be responsible for the protection
5-10 of children shall make a thorough inductive investigation promptly
5-11 after receiving either the oral or written report of child abuse or
5-12 neglect by a person responsible for a child's care, custody, or
5-13 welfare. If the report is anonymous, the department shall make the
5-14 investigation after determining that there is some objective
5-15 evidence to corroborate the report as prescribed by Section 34.053
5-16 of this code. If the report alleges that the abuse or neglect
5-17 occurred in a facility operated, licensed, certified, or registered
5-18 by another state agency, that agency shall investigate the report
5-19 as prescribed by Subchapter B of this chapter. If the report
5-20 alleges child abuse or neglect in a location other than a facility
5-21 operated, licensed, certified, or registered by a state agency and
5-22 by a person other than a person responsible for a child's care,
5-23 custody, or welfare, the department is not required to investigate
5-24 the report. The appropriate state or local law enforcement agency
5-25 shall investigate that report if that agency determines an
5-26 investigation should be conducted. The department, by rule shall
5-27 <may> assign priorities to investigations based on the severity and
6-1 immediacy of the alleged harm to the child. <If the department
6-2 establishes a priority system, the department shall adopt the
6-3 system by rule.> The primary purpose of the investigation shall be
6-4 the protection of the child by determining whether in-home crisis
6-5 intervention and education or other child and family services are
6-6 necessary.
6-7 (b) The department shall conduct an investigation
6-8 inductively for observable and objective indications that abuse or
6-9 neglect has occurred or is likely to occur. The focus of the
6-10 department's investigation shall be family preservation and the
6-11 prevention of child abuse and neglect. Evidence to determine
6-12 whether abuse or neglect actually occurred shall be gathered by an
6-13 appropriate state or local law enforcement agency if such an
6-14 investigation is determined by the agency to be necessary.
6-15 (c) If the department determines that in-home crisis
6-16 intervention is necessary and justified, the department shall make
6-17 every reasonable effort to maintain the child in the child's home.
6-18 The department shall consider placing the child in the care of a
6-19 relative of the child in or near the child's home before
6-20 considering removal of the child to the care of the state.
6-21 (d) In order to protect the welfare of the child, the
6-22 department must take every reasonable measure necessary to protect
6-23 the rights of the child and to preserve the continuity of the
6-24 child's living arrangements and normal family relationships. Any
6-25 change in the child's living arrangements must be based on the
6-26 principle of finding the least detrimental alternative to
6-27 preserving the child's normal family relationships.
7-1 (e) <(b)> As necessary to complete a thorough investigation,
7-2 the department or agency shall collect information about
7-3 <determine>:
7-4 (1) objective indicators that <the nature, extent, and
7-5 cause of the> abuse or neglect may have occurred;
7-6 (2) the identity of the person alleged to be
7-7 responsible for the abuse or neglect;
7-8 (3) the names and conditions of the other children in
7-9 the home;
7-10 (4) an evaluation of the parents or persons
7-11 responsible for the care of the child;
7-12 (5) the adequacy of the home environment;
7-13 (6) the relationship of the child to the parents or
7-14 persons responsible for the care of the child; and
7-15 (7) all other pertinent data.
7-16 (f) <(c)> The investigation shall include a visit to the
7-17 child's home, unless the alleged abuse or neglect can be confirmed
7-18 or clearly ruled out without a home visit, and an interview with
7-19 and examination of the subject child.
7-20 (g) The interview with and examination of the child may be
7-21 conducted at any reasonable time and at any place, including the
7-22 child's school. The investigation may include an interview with
7-23 the child's parents and an interview with and examination of any
7-24 child in the home. The investigation may include a medical,
7-25 psychological, or psychiatric examination of any child in that
7-26 home. If admission to the home, school, or any place where the
7-27 child may be cannot be obtained, then the juvenile court, district
8-1 court, or other court having family law jurisdiction, upon cause
8-2 shown, shall order the parents or the persons responsible for the
8-3 care of the children, or the person in charge of any place where
8-4 the child may be, to allow entrance for the interview, the
8-5 examination, and the investigation. If the parents or person
8-6 responsible for the child's care does not consent to a medical,
8-7 psychological, or psychiatric examination of the child that is
8-8 requested by the department or agency, the juvenile court, district
8-9 court, or other court having family law jurisdiction, upon cause
8-10 shown, shall order the examination to be made at the times and
8-11 places designated by the court. The investigation may include an
8-12 inquiry into the possibility that the child, a parent, or a person
8-13 responsible for the care of the child has a history of mental
8-14 illness. If the parents or person responsible for the care of the
8-15 child does not allow the department or agency to have access to
8-16 mental health records requested by the department or agency, the
8-17 juvenile court, district court, or other court having family law
8-18 jurisdiction, on good cause shown, shall by order allow the
8-19 department or agency to have access to the records under terms and
8-20 conditions prescribed by the court. If the court determines that
8-21 the parent or person responsible for the care of the child is
8-22 indigent, the court shall appoint an attorney to represent the
8-23 parent or person responsible for the child at the hearing to obtain
8-24 mental health records. The fees for said attorney shall be paid by
8-25 the department or agency. A parent or person responsible for the
8-26 child's care is entitled to notice and a hearing when the
8-27 department or agency seeks a court order to allow a medical,
9-1 psychological, or psychiatric examination or access to mental
9-2 health records. This access does not constitute a waiver of
9-3 confidentiality.
9-4 (h) <(d)> If, before the investigation is complete, the
9-5 opinion of the investigators is that immediate removal is necessary
9-6 to protect the child from further abuse or neglect, the
9-7 investigators shall file a petition pursuant to Chapter 17 of this
9-8 code for temporary care and protection of the child.
9-9 (i) <(e)> The agency designated by the court to be
9-10 responsible for the protection of children or the department shall
9-11 make a complete written report of the investigation. The report,
9-12 together with its recommendations, shall be submitted to the
9-13 juvenile court or the district court, the district attorney, and
9-14 the appropriate law enforcement agency if sufficient grounds for
9-15 the institution of a suit affecting the parent-child relationship
9-16 are found. If the investigation relates to an allegation of abuse
9-17 or neglect in a facility operated, licensed, certified, or
9-18 registered by a state agency, the agency shall report as prescribed
9-19 by Subchapter B of this chapter. If the investigation relates to
9-20 an allegation of abuse or neglect in a facility that is not
9-21 operated, licensed, certified, or registered by a state agency, the
9-22 department shall submit the report of the investigation to the
9-23 policymaking body of the facility for any necessary corrective
9-24 action.
9-25 (j) <(f)> On the receipt of the report and recommendation
9-26 required by Subsection (i) <(e)> of this section, the court may
9-27 direct the investigator to file a petition seeking appropriate
10-1 relief under Subtitle A of this title.
10-2 (k) <(g)> If the department or agency has reason to believe
10-3 that a parent of the child may remove the child from the state
10-4 before the investigation is completed, the department or agency may
10-5 file an application for a temporary restraining order in any
10-6 district court without regard to continuing jurisdiction of the
10-7 child under Section 11.05 of this code. After a hearing on the
10-8 application, the court may enter a temporary restraining order
10-9 prohibiting the parent from removing the child from the state
10-10 pending completion of the investigation if the court finds that the
10-11 department or agency has probable cause to conduct the
10-12 investigation and has reason to believe that the parent may remove
10-13 the child from the state.
10-14 (l) Except as provided by Subsection (m) of this section, an
10-15 investigator may not request or recommend a permanent termination
10-16 or modification of possession or access to a child who is the
10-17 subject of an allegation of abuse or neglect before a court.
10-18 (m) An investigator who finds evidence during or at the
10-19 conclusion of an investigation that reasonably indicates that
10-20 removal of a child from the child's home for any length of time may
10-21 be required as the least detrimental alternative to ensure the
10-22 welfare of the child shall present the evidence to an appropriate
10-23 court and request the court to order the removal of the child. An
10-24 investigator must provide written notice to the parent or legal
10-25 guardian of the child before the investigator may request removal
10-26 of the child under this subsection. The notice must inform the
10-27 parent or guardian that the parent or guardian has the right to
11-1 legal representation before the court and that the parent or
11-2 guardian may challenge the request for removal without prejudicing
11-3 the investigation.
11-4 (n) An investigator who finds evidence during or at the
11-5 conclusion of an investigation that reasonably indicates that some
11-6 form of in-home assistance to the family or child that does not
11-7 disrupt the usual living arrangements of the family and child may
11-8 be required as the least detrimental alternative to ensure the
11-9 welfare of the child may request the parents or legal guardian of
11-10 the child to sign an agreement to participate in the in-home
11-11 assistance without obtaining a court order. An in-home assistance
11-12 program may only be implemented after the investigator has obtained
11-13 the signature of a parent or guardian to the agreement. If a
11-14 parent or guardian refuses to participate in an in-home assistance
11-15 program, the investigator may request an appropriate court to order
11-16 implementation of the program after providing written notice to the
11-17 parent or guardian that a request for a court order will be made.
11-18 SECTION 8. Section 34.051, Family Code, is amended to read
11-19 as follows:
11-20 Sec. 34.051. Information Relating to Investigation
11-21 Procedure. (a) As soon as possible after initiating an
11-22 investigation under this subchapter of a parent or other person
11-23 having legal custody of a child, the Texas Department of Human
11-24 Services shall provide to the person a brief and easily understood
11-25 summary of:
11-26 (1) the department's procedures for conducting an
11-27 investigation of alleged child abuse or neglect, including:
12-1 (A) a description of the circumstances under
12-2 which the department would seek to remove the child from the home
12-3 through the judicial system; and
12-4 (B) an explanation that the law requires the
12-5 department to refer all reports of alleged child abuse or neglect
12-6 to a law enforcement agency for an investigation <a separate
12-7 determination> of whether a criminal violation occurred;
12-8 (2) the person's right to file a complaint with the
12-9 department, <or> to request a review of the findings made by the
12-10 department in the investigation, or to file a complaint with the
12-11 Office of Youth Care Investigations;
12-12 (3) the person's right to review all records of the
12-13 investigation unless the review would jeopardize an ongoing
12-14 criminal investigation;
12-15 (4) the person's right to seek legal counsel;
12-16 (5) references to the statutory and regulatory
12-17 provisions governing child abuse and neglect and how the person may
12-18 obtain copies of those provisions; and
12-19 (6) the process the person may use to acquire access
12-20 to the child if the child is removed from the home.
12-21 (b) The department shall provide the current addresses and
12-22 phone numbers of the department and the Office of Youth Care
12-23 Investigations to the person receiving the information required
12-24 under Subsection (a) of this section.
12-25 SECTION 9. Section 34.052, Family Code, is amended by
12-26 amending Subsection (c) and adding Subsection (g) to read as
12-27 follows:
13-1 (c) If after a departmental investigation the parent or
13-2 legal guardian of a child <person> who the department alleges to
13-3 likely be at risk of abuse or neglect <has abused or neglected a
13-4 child> disputes the department's determination <of whether child
13-5 abuse or neglect occurred>, the person may request an
13-6 administrative review of the findings. A department employee in
13-7 administration who was not involved in or did not directly
13-8 supervise the investigation shall conduct the review. The review
13-9 must sustain, alter, or reverse the department's original findings
13-10 in the investigation.
13-11 (g) This section does not apply to a determination made by
13-12 the Office of Youth Care Investigations as the result of the filing
13-13 of a complaint with the office.
13-14 SECTION 10. Section 34.053(a), Family Code, is amended to
13-15 read as follows:
13-16 (a) If the department receives an anonymous report of child
13-17 abuse or neglect by a person responsible for a child's care,
13-18 custody, or welfare, the department shall conduct a preliminary
13-19 investigation to determine if there is objective <any> evidence to
13-20 corroborate the report.
13-21 SECTION 11. Section 34.054, Family Code, is amended to read
13-22 as follows:
13-23 Sec. 34.054. INVESTIGATION STANDARDS. (a) The Texas
13-24 Department of Human Services by rule shall develop and adopt
13-25 uniform <voluntary> standards for persons who investigate suspected
13-26 child abuse at the state or local level. <The agency by rule must
13-27 adopt the standards for the standards to be effective.> The
14-1 standards shall encourage professionalism, <and> consistency, and
14-2 objectivity in the investigation of suspected child abuse.
14-3 (b) The standards must provide for a minimum number of hours
14-4 of annual professional training for interviewers and investigators
14-5 of suspected child abuse.
14-6 (c) The Office of Youth Care Investigations and the youth
14-7 care investigations oversight panel shall review the professional
14-8 training curriculum annually to ensure that the curriculum is
14-9 up-to-date and consistent with current clinical and forensic
14-10 psychological and psychiatric research on:
14-11 (1) child abuse;
14-12 (2) the indicators of a false allegation of child
14-13 abuse;
14-14 (3) the signs of a fabrication of child abuse; and
14-15 (4) the methods of preventing and treating child
14-16 abuse.
14-17 (d) <(c)> The professional training curriculum developed
14-18 under this section must include information concerning:
14-19 (1) recognizing physical abuse, including
14-20 distinguishing abuse from ordinary childhood injuries;
14-21 (2) recognizing signs of psychological abuse;
14-22 (3) available treatment resources; and
14-23 (4) the incidence and types of reports of child abuse
14-24 that are received by the investigating agencies, including
14-25 information concerning false reports.
14-26 (e) <(d)> The standards must:
14-27 (1) ensure <recommend> that videotaped and audiotaped
15-1 interviews with a suspected victim be uninterrupted;
15-2 (2) recommend a maximum number of interviews with and
15-3 examinations of a suspected victim;
15-4 (3) establish <recommend> procedures to preserve
15-5 evidence, including the original notes, videotapes, and audiotapes;
15-6 <and>
15-7 (4) require <recommend> that an investigator of
15-8 suspected child abuse make a reasonable effort to locate and inform
15-9 each parent of a child of any report of abuse relating to the
15-10 child; and
15-11 (5) establish procedures that prohibit an investigator
15-12 from using interview techniques with a child that manipulate the
15-13 child into making a statement that alleges abuse or neglect,
15-14 including:
15-15 (A) repeated questioning;
15-16 (B) rehearsing answers;
15-17 (C) hypnosis; and
15-18 (D) offering a reward or threatening to punish.
15-19 SECTION 12. Subchapter A, Chapter 34, Family Code, is
15-20 amended by adding Section 34.055 to read as follows:
15-21 Sec. 34.055. EDUCATIONAL REQUIREMENTS. (a) To become an
15-22 investigator under this chapter, an employee must, at a minimum,
15-23 have a bachelor's degree in childhood development or an equivalent
15-24 subject area.
15-25 (b) A supervisor of an investigator under this chapter must,
15-26 at a minimum, have a master's degree in childhood development or an
15-27 equivalent subject area.
16-1 SECTION 13. Section 34.21(c), Family Code, is amended to
16-2 read as follows:
16-3 (c) The office shall:
16-4 (1) adopt a memorandum of understanding with each
16-5 state agency that operates, licenses, certifies, or registers a
16-6 child-care facility that clarifies each agency's responsibilities
16-7 under this chapter;
16-8 (2) establish guidelines relating to the investigation
16-9 of child abuse and neglect in facilities operated, licensed,
16-10 certified, or registered by a state agency that reflect the
16-11 annually reviewed evaluations conducted by the office to maintain
16-12 consistency with current research on:
16-13 (A) child abuse;
16-14 (B) the validity of child abuse allegations;
16-15 (C) preventative approaches;
16-16 (D) false signs of child abuse; and
16-17 (E) procedures for investigating child abuse
16-18 that may manipulate the child into making a statement that alleges
16-19 child abuse or neglect;
16-20 (3) assist state agencies in developing rules,
16-21 policies, and procedures consistent with the evaluations listed in
16-22 Subdivision (2) of this subsection to govern the investigation of
16-23 child abuse and neglect in facilities operated, licensed,
16-24 certified, or registered by the agency; and
16-25 (4) compile, maintain, and make available statistics
16-26 on the incidence of child abuse and neglect in facilities operated,
16-27 licensed, certified, or registered by a state agency.
17-1 SECTION 14. Section 34.22(a), Family Code, is amended to
17-2 read as follows:
17-3 (a) Each state agency that operates, licenses, certifies, or
17-4 registers a facility in which children are located shall make a
17-5 thorough investigation promptly after receiving a report that a
17-6 child has been or may be abused or neglected in a facility
17-7 operated, licensed, certified, or registered by the agency. The
17-8 primary purpose of the investigation shall be the welfare
17-9 <protection> of the child.
17-10 SECTION 15. Section 34.23(c), Family Code, is amended to
17-11 read as follows:
17-12 (c) If the state agency finds evidence indicating that a
17-13 child may have <has> been <or may be> abused or neglected, the
17-14 agency shall <submit a copy of the> report <to> the evidence to the
17-15 appropriate law enforcement agency.
17-16 SECTION 16. Sections 34.25(a) and (c), Family Code, are
17-17 amended to read as follows:
17-18 (a) The Office of Youth Care Investigations shall review
17-19 each report and complaint received by a state agency or the office
17-20 relating to an investigation of abuse or neglect in a facility
17-21 operated by a state agency. The review shall determine whether or
17-22 not the investigation was conducted according to applicable rules
17-23 and the standards set forth in <Subsection (b) of> Section 34.05 of
17-24 this code; if not, the office shall conduct its own investigation.
17-25 The state agency shall provide the office, within 10 working days
17-26 of the request by the office, the case history information
17-27 necessary to conduct an investigation. The office shall conduct an
18-1 investigation in any case where necessary to carry out the intent
18-2 of this chapter and shall report any findings and recommendations
18-3 to the policymaking body of the agency that conducted the
18-4 investigation for any necessary corrective action.
18-5 (c) The office shall review complaints relating to an
18-6 investigation of abuse or neglect conducted by the Texas Department
18-7 of Human Services. An individual may file a complaint with the
18-8 office directly regardless of whether a complaint was submitted to
18-9 <if the complaint could not be resolved through> the department's
18-10 review process established under Section 34.052 of this code. The
18-11 office may review other investigations conducted by the department
18-12 under Section 34.05 of this code as necessary. The department
18-13 shall provide the office, within 10 working days of the request by
18-14 the office, the case history information necessary to conduct a
18-15 review. The office shall conduct an investigation in any case
18-16 where necessary to carry out the intent of this chapter and shall
18-17 report any findings and recommendations to the Texas Board of Human
18-18 Services for any necessary corrective action.
18-19 SECTION 17. Subchapter B, Chapter 34, Family Code, is
18-20 amended by adding Section 34.251 to read as follows:
18-21 Sec. 34.251. YOUTH CARE INVESTIGATIONS OVERSIGHT PANEL. (a)
18-22 The youth care investigations oversight panel is established.
18-23 (b) The oversight panel shall consist of nine members, two
18-24 of whom are appointed from the house of representatives by the
18-25 speaker of the house, two of whom are appointed from the senate by
18-26 the lieutenant governor, and five of whom are clinical child and
18-27 forensic psychologists, child psychiatrists, or parents appointed
19-1 by the governor.
19-2 (c) The oversight panel shall meet with the Office of Youth
19-3 Care Investigations to review the complaint procedures of the
19-4 office and child protective services of the Department of
19-5 Protective and Regulatory Services.
19-6 (d) The oversight panel shall monitor the office's selection
19-7 of training curriculum for investigators and shall amend the
19-8 curriculum as necessary to ensure that the curriculum represents a
19-9 comprehensive understanding about the latest scientific and
19-10 clinically valid approaches to child abuse prevention and treatment
19-11 as well as information about false signs of child abuse and faulty
19-12 procedures for recognizing child abuse.
19-13 SECTION 18. Section 34.50(1), Family Code, is amended to
19-14 read as follows:
19-15 (1) "Child at risk" <"Abused child"> means a child who
19-16 by determination of the department has displayed objective
19-17 indications of a likelihood of having suffered abuse or neglect
19-18 sufficient to qualify for in-home intervention <by a person
19-19 responsible for the child's care, custody, or welfare>.
19-20 SECTION 19. Sections 34.51(a) and (b), Family Code, are
19-21 amended to read as follows:
19-22 (a) When the department provides services directly or by
19-23 contract to a <an abused> child at risk and the child's family, the
19-24 services shall be designed to prevent <further> abuse, to
19-25 ameliorate <alleviate> the effects of possible <the> abuse that may
19-26 have occurred <suffered>, to prevent removal of the child from the
19-27 home, and to provide reunification services when appropriate for
20-1 the return of the child to the home. The department shall
20-2 emphasize ameliorative services for <sexually abused> children at
20-3 risk of sexual abuse.
20-4 (b) The department shall provide or contract for necessary
20-5 services to a <an abused> child at risk and the child's family
20-6 whether the child remains in or is removed from the family home.
20-7 If parental rights have been terminated, services may be provided
20-8 only to the child.
20-9 SECTION 20. Section 34.52, Family Code, is amended to read
20-10 as follows:
20-11 Sec. 34.52. STANDARDS AND EFFECTIVENESS. (a) The
20-12 department, with assistance from nationally recognized clinical
20-13 child psychologists, child psychiatrists, and childhood
20-14 behaviorists <national organizations> with expertise in prevention
20-15 and treatment of childhood trauma <child protective services>,
20-16 shall define a minimal baseline of in-home and foster care services
20-17 for <abused> children at risk of abuse or neglect that meets the
20-18 professionally recognized standards for those services. The
20-19 department shall attempt to provide services at a standard not
20-20 lower than the minimal baseline standard.
20-21 (b) The department, with assistance from nationally
20-22 recognized clinical child psychologists, child psychiatrists, and
20-23 childhood behaviorists <national organizations> with expertise in
20-24 prevention and treatment of childhood trauma <child protective
20-25 services>, shall develop outcome measures to track and monitor the
20-26 effectiveness of in-home and foster care services.
20-27 SECTION 21. Section 34.53(a), Family Code, is amended to
21-1 read as follows:
21-2 (a) Except as provided by Subsection (b) of this section,
21-3 the court on request of the department may order the parent,
21-4 managing conservator, guardian, or other member of the at-risk
21-5 <abused> child's household to participate in the services the
21-6 department provides or purchases for alleviating the effects of
21-7 abuse that may have occurred and to permit the at-risk <abused>
21-8 child and any siblings to receive the services. The department may
21-9 request the court to order the parent, managing conservator,
21-10 guardian, or other member of the at-risk <abused> child's household
21-11 to participate in the services whether the child resides in the
21-12 home or has been removed from the home. If the person ordered to
21-13 participate in the services fails to follow the court's order, the
21-14 court may impose community service as a sanction for contempt.
21-15 SECTION 22. The importance of this legislation and the
21-16 crowded condition of the calendars in both houses create an
21-17 emergency and an imperative public necessity that the
21-18 constitutional rule requiring bills to be read on three several
21-19 days in each house be suspended, and this rule is hereby suspended,
21-20 and that this Act take effect and be in force from and after its
21-21 passage, and it is so enacted.