1-1  By:  Leedom                                           S.B. No. 1033
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 11, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 11, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 1033               By:  Wentworth
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to reports of, and suits for the protection of, abused
   1-22  children; providing a criminal penalty.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 17.03, Family Code, is amended by adding
   1-25  Subsection (j) to read as follows:
   1-26        (j)  When a child is taken into possession under this
   1-27  section, the person taking the child into possession must make
   1-28  every reasonable effort to place the child in the child's home if a
   1-29  person entitled to possession of the child can provide a safe
   1-30  environment for the child in the home.
   1-31        SECTION 2.  Section 34.011, Family Code, is amended to read
   1-32  as follows:
   1-33        Sec. 34.011.  Form.  The Texas Department of Human Services
   1-34  shall promulgate a form and cause a sample to be distributed for
   1-35  the reporting of information or observations about suspected
   1-36  occurrences of child abuse as required by Section 34.01 of this
   1-37  code.  Copies of the form shall be distributed to all licensed
   1-38  hospitals in this state to be available for use without charge by
   1-39  hospital employees, physicians, patients, and other persons. The
   1-40  form shall include a statement that child abuse reports are
   1-41  confidential and that information contained in the reports,
   1-42  including the name of the person making the report, may be used
   1-43  only for the purposes consistent with the investigation of child
   1-44  abuse.  The form shall give the address of the Texas Department of
   1-45  Human Services.  Hospital employees, physicians, patients, and
   1-46  other persons must complete the form and return it to the Texas
   1-47  Department of Human Services.
   1-48        SECTION 3.  Subsection (a), Section 34.02, Family Code, is
   1-49  amended to read as follows:
   1-50        (a)  Nonaccusatory reports reflecting the reporter's belief
   1-51  that a child has been, is being, or will be abused or neglected, or
   1-52  has died of abuse or neglect, has violated the compulsory school
   1-53  attendance laws on three or more occasions, or has, on three or
   1-54  more occasions, been voluntarily absent from his home without the
   1-55  consent of his parent or guardian for a substantial length of time
   1-56  or without the intent to return shall be made to:
   1-57              (1)  any local or state law enforcement agency;
   1-58              (2)  the Texas Department of Human Services;
   1-59              (3)  the state agency that operates, licenses,
   1-60  certifies, or registers the facility in which the alleged abuse or
   1-61  neglect occurred; or
   1-62              (4)  the agency designated by the court to be
   1-63  responsible for the protection of children.
   1-64        SECTION 4.  Subchapter A, Chapter 34, Family Code, is amended
   1-65  by adding Section 34.0311 to read as follows:
   1-66        Sec. 34.0311.  MANIPULATION OF CHILD TO MAKE FALSE REPORT.
   1-67  (a)  A person commits an offense if the person knowingly or
   1-68  intentionally manipulates a child into making a statement that
    2-1  becomes the basis of an allegation in a report of sexual, physical,
    2-2  or emotional abuse or neglect of the child.
    2-3        (b)  An offense under this section is a Class A misdemeanor.
    2-4        (c)  In this section, "manipulation" means:
    2-5              (1)  repeated questioning for the purpose of causing
    2-6  the child to make a false statement alleging abuse or neglect;
    2-7              (2)  rehearsing answers with the child;
    2-8              (3)  hypnosis of the child; and
    2-9              (4)  offering a reward or threatening to punish the
   2-10  child.
   2-11        SECTION 5.  Section 34.05, Family Code, is amended to read as
   2-12  follows:
   2-13        Sec. 34.05.  Investigation and Report of Receiving Agency.
   2-14  (a)  Unless the report alleges that the abuse or neglect occurred
   2-15  in a facility operated, licensed, certified, or registered by
   2-16  another state agency, the Texas Department of Human Services or the
   2-17  agency designated by the court to be responsible for the protection
   2-18  of children shall make a thorough investigation promptly after
   2-19  receiving either the oral or written report of child abuse or
   2-20  neglect by a person responsible for a child's care, custody, or
   2-21  welfare.  If the report is anonymous, the department shall make the
   2-22  investigation after determining that there is some objective
   2-23  evidence to corroborate the report as prescribed by Section 34.053
   2-24  of this code. If the report alleges that the abuse or neglect
   2-25  occurred in a facility operated, licensed, certified, or registered
   2-26  by another state agency, that agency shall investigate the report
   2-27  as prescribed by Subchapter B of this chapter.  If the report
   2-28  alleges child abuse or neglect in a location other than a facility
   2-29  operated, licensed, certified, or registered by a state agency and
   2-30  by a person other than a person responsible for a child's care,
   2-31  custody, or welfare, the department is not required to investigate
   2-32  the report.  The appropriate state or local law enforcement agency
   2-33  shall investigate that report if that agency determines an
   2-34  investigation should be conducted.  The department by rule shall
   2-35  <may> assign priorities to investigations based on the severity and
   2-36  immediacy of the alleged harm to the child.  <If the department
   2-37  establishes a priority system, the department shall adopt the
   2-38  system by rule.>  The primary purpose of the investigation shall be
   2-39  the protection of the child by determining whether in-home crisis
   2-40  intervention and education or other child and family services are
   2-41  necessary to protect the child from abuse or neglect.
   2-42        (b)  The department shall conduct an investigation for
   2-43  observable and objective indications that abuse or neglect is
   2-44  likely to have occurred or is likely to occur.
   2-45        (c)  If the department determines that in-home crisis
   2-46  intervention is necessary and justified, the department shall make
   2-47  every reasonable effort to maintain the child in the child's home.
   2-48        (d)  As necessary to complete a thorough investigation, the
   2-49  department or agency shall collect information about <determine>:
   2-50              (1)  objective indicators that <the nature, extent, and
   2-51  cause of the> abuse or neglect may have occurred;
   2-52              (2)  the identity of the person alleged to be
   2-53  responsible for the abuse or neglect;
   2-54              (3)  the names and conditions of the other children in
   2-55  the home;
   2-56              (4)  an evaluation of the parents or persons
   2-57  responsible for the care of the child;
   2-58              (5)  the adequacy of the home environment;
   2-59              (6)  the relationship of the child to the parents or
   2-60  persons responsible for the care of the child; and
   2-61              (7)  all other pertinent data.
   2-62        (e) <(c)>  The investigation shall include a visit to the
   2-63  child's home, unless the alleged risk of or actual abuse or neglect
   2-64  can be confirmed or clearly ruled out without a home visit, and an
   2-65  interview with and examination of the subject child.
   2-66        (f)  The interview with and examination of the child may be
   2-67  conducted at any reasonable time and at any reasonable place,
   2-68  including the child's school.  The investigation may include an
   2-69  interview with the child's parents and an interview with and
   2-70  examination of any child in the home.  The investigation may
    3-1  include a medical, psychological, or psychiatric examination of any
    3-2  child in that home.  If admission to the home, school, or any place
    3-3  where the child may be cannot be obtained, then the juvenile court,
    3-4  district court, or other court having family law jurisdiction, upon
    3-5  cause shown, shall order the parents or the persons responsible for
    3-6  the care of the children, or the person in charge of any place
    3-7  where the child may be, to allow entrance for the interview, the
    3-8  examination, and the investigation.  If the parents or person
    3-9  responsible for the child's care does not consent to a medical,
   3-10  psychological, or psychiatric examination of the child that is
   3-11  requested by the department or agency, the juvenile court, district
   3-12  court, or other court having family law jurisdiction, upon cause
   3-13  shown, shall order the examination to be made at the times and
   3-14  places designated by the court.  The investigation may include an
   3-15  inquiry into the possibility that the child, a parent, or a person
   3-16  responsible for the care of the child has a history of mental
   3-17  illness.  If the parents or person responsible for the care of the
   3-18  child does not allow the department or agency to have access to
   3-19  mental health records requested by the department or agency, the
   3-20  juvenile court, district court, or other court having family law
   3-21  jurisdiction, on good cause shown, shall by order allow the
   3-22  department or agency to have access to the records under terms and
   3-23  conditions prescribed by the court.  If the court determines that
   3-24  the parent or person responsible for the care of the child is
   3-25  indigent, the court shall appoint an attorney to represent the
   3-26  parent or person responsible for the child at the hearing to obtain
   3-27  mental health records.  The fees for said attorney shall be paid by
   3-28  the department or agency. A parent or person responsible for the
   3-29  child's care is entitled to notice and a hearing when the
   3-30  department or agency seeks a court order to allow a medical,
   3-31  psychological, or psychiatric examination or access to mental
   3-32  health records.  This access does not constitute a waiver of
   3-33  confidentiality.
   3-34        (g) <(d)>  If, before the investigation is complete, the
   3-35  opinion of the investigators is that immediate removal is necessary
   3-36  to protect the child from <further> abuse or neglect in accordance
   3-37  with the emergency guidelines set forth in Chapter 17 of this code,
   3-38  the investigators shall file a petition pursuant to that chapter
   3-39  <Chapter 17 of this code> for temporary care and protection of the
   3-40  child.
   3-41        (h) <(e)>  The agency designated by the court to be
   3-42  responsible for the protection of children or the department shall
   3-43  make a complete written report of the investigation.  The report,
   3-44  together with its recommendations, shall be submitted to the
   3-45  juvenile court or the district court, the district attorney, and
   3-46  the appropriate law enforcement agency if sufficient grounds for
   3-47  the institution of a suit affecting the parent-child relationship
   3-48  are found.  If the investigation relates to an allegation of abuse
   3-49  or neglect in a facility operated, licensed, certified, or
   3-50  registered by a state agency, the agency shall report as prescribed
   3-51  by Subchapter B of this chapter.  If the investigation relates to
   3-52  an allegation of abuse or neglect in a facility that is not
   3-53  operated, licensed, certified, or registered by a state agency, the
   3-54  department shall submit the report of the investigation to the
   3-55  policymaking body of the facility for any necessary corrective
   3-56  action.
   3-57        (i) <(f)>  On the receipt of the report and recommendation
   3-58  required by Subsection (h) <(e)> of this section, the court may
   3-59  direct the investigator to file a petition seeking appropriate
   3-60  relief under Subtitle A of this title.
   3-61        (j) <(g)>  If the department or agency has reason to believe
   3-62  that a parent of the child may remove the child from the state
   3-63  before the investigation is completed, the department or agency may
   3-64  file an application for a temporary restraining order in any
   3-65  district court without regard to continuing jurisdiction of the
   3-66  child under Section 11.05 of this code.  After a hearing on the
   3-67  application, the court may enter a temporary restraining order
   3-68  prohibiting the parent from removing the child from the state
   3-69  pending completion of the investigation if the court finds that the
   3-70  department or agency has probable cause to conduct the
    4-1  investigation and has reason to believe that the parent may remove
    4-2  the child from the state.
    4-3        (k)  Except as provided by Subsections (g) and (l) of this
    4-4  section, an investigator may not request or recommend to a court a
    4-5  permanent termination or modification of possession of or access to
    4-6  a child who is the subject of an allegation of abuse or neglect
    4-7  before a court.
    4-8        (l)  Except for the removal of a child from the home of the
    4-9  child initiated under provisions of Chapter 17 of this code, if an
   4-10  investigator finds evidence during or at the conclusion of the
   4-11  investigation that reasonably indicates that removal of a child
   4-12  from the child's home for any length of time may be required   as
   4-13  the least detrimental alternative to ensure the protection of the
   4-14  child, the investigator shall present the evidence to the juvenile
   4-15  court, district court, or other court having family law
   4-16  jurisdiction and upon good cause shown request the court to order
   4-17  the removal of the child.  An investigator must make a reasonable
   4-18  effort to provide written notice to the parent or legal guardian of
   4-19  the child before the department petitions a court for the removal
   4-20  of the child under  this subsection.  The notice must inform the
   4-21  parent or guardian that the parent or guardian has the right to
   4-22  legal representation before the court and that the parent or
   4-23  guardian may challenge the request for removal without prejudicing
   4-24  the investigation.
   4-25        (m)  An investigator who finds evidence during or at the
   4-26  conclusion of an investigation that reasonably indicates that some
   4-27  form of in-home assistance to the family or child that does not
   4-28  disrupt the usual living arrangements of the family and child may
   4-29  be required as the least detrimental alternative to ensure the
   4-30  protection of the child may request the parents or legal guardian
   4-31  of the child to sign an agreement to participate in the in-home
   4-32  assistance without obtaining a court order.  An in-home assistance
   4-33  program may only be implemented after the investigator has obtained
   4-34  the signature of a parent or guardian to the agreement.  If a
   4-35  parent or guardian refuses to participate in an in-home assistance
   4-36  program, the investigator may request a juvenile court, a district
   4-37  court, or other court having family law jurisdiction to order
   4-38  implementation of the program after providing written notice to the
   4-39  parent or guardian that a request for a court order will be made.
   4-40        SECTION 6.  Section 34.051, Family Code, is amended to read
   4-41  as follows:
   4-42        Sec. 34.051.  INFORMATION RELATING TO INVESTIGATION
   4-43  PROCEDURE.  (a)  As soon as possible after initiating an
   4-44  investigation under this subchapter of a parent or other person
   4-45  having legal custody of a child, the Texas Department of Human
   4-46  Services shall provide to the person a brief and easily understood
   4-47  summary of:
   4-48              (1)  the department's procedures for conducting an
   4-49  investigation of alleged child abuse or neglect, including:
   4-50                    (A)  a description of the circumstances under
   4-51  which the department would seek to remove the child from the home
   4-52  through the judicial system; and
   4-53                    (B)  an explanation that the law requires the
   4-54  department to refer all reports of alleged child abuse or neglect
   4-55  to a law enforcement agency for a possible investigation <separate
   4-56  determination> of whether a criminal violation occurred;
   4-57              (2)  the person's right to file a complaint with the
   4-58  department, <or> to request a review of the findings made by the
   4-59  department in the investigation, or to file a complaint with the
   4-60  Office of Youth Care Investigations;
   4-61              (3)  the person's right to review all records of the
   4-62  investigation unless the review would jeopardize an ongoing
   4-63  criminal investigation;
   4-64              (4)  the person's right to seek legal counsel;
   4-65              (5)  references to the statutory and regulatory
   4-66  provisions governing child abuse and neglect and how the person may
   4-67  obtain copies of those provisions; and
   4-68              (6)  the process the person may use to acquire access
   4-69  to the child if the child is removed from the home.
   4-70        (b)  The department shall provide the current addresses and
    5-1  phone numbers of the department and the Office of Youth Care
    5-2  Investigations to the person receiving the information required
    5-3  under Subsection (a) of this section.
    5-4        SECTION 7.  Section 34.052, Family Code, is amended by
    5-5  amending Subsection (c) and adding Subsection (g) to read as
    5-6  follows:
    5-7        (c)  If after a departmental investigation a parent, legal
    5-8  guardian, or other person responsible for a child's care, custody,
    5-9  or welfare <the person> who the department alleges is likely to be
   5-10  at risk of abuse or neglect <has abused or neglected a child>
   5-11  disputes the department's determination <of whether child abuse or
   5-12  neglect occurred>, the person may request an administrative review
   5-13  of the findings.  A department employee in administration who was
   5-14  not involved in or did not directly supervise the investigation
   5-15  shall conduct the review.  The review must sustain, alter, or
   5-16  reverse the department's original findings in the investigation.
   5-17        (g)  This section does not apply to a determination made by
   5-18  the Office of Youth  Care Investigations as the result of the
   5-19  filing of a complaint with the office.
   5-20        SECTION 8.  Subsection (a), Section 34.053, Family Code, is
   5-21  amended to read as follows:
   5-22        (a)  If the department receives an anonymous report of child
   5-23  abuse or neglect by a person responsible for a child's care,
   5-24  custody, or welfare, the department shall conduct a preliminary
   5-25  investigation to determine if there is objective <any> evidence to
   5-26  corroborate the report.
   5-27        SECTION 9.  Section 34.054, Family Code, is amended to read
   5-28  as follows:
   5-29        Sec. 34.054.  Investigation Standards.  (a)  The Texas
   5-30  Department of Human Services by rule shall develop and adopt
   5-31  uniform <voluntary> standards for persons within the department who
   5-32  investigate suspected child abuse at the state or local level.
   5-33  Standards adopted by the department shall be considered by other
   5-34  agencies who investigate suspected child abuse when they promulgate
   5-35  standards and policies for investigations by their personnel.  <The
   5-36  agency by rule must adopt the standards for the standards to be
   5-37  effective.>  The standards shall encourage professionalism and
   5-38  consistency and require objectivity in the investigation of
   5-39  suspected child abuse.
   5-40        (b)  The standards must require <provide for> a minimum
   5-41  number of hours of annual professional training for interviewers
   5-42  and investigators of suspected child abuse.
   5-43        (c)  The Office of Youth Care Investigations and the youth
   5-44  care investigations oversight panel shall review the professional
   5-45  training curriculum annually to ensure that the curriculum is
   5-46  up-to-date and consistent with current research by nationally
   5-47  recognized behavioral scientists including clinical child
   5-48  psychologists, child psychiatrists, and childhood behaviorists with
   5-49  expertise in prevention of abuse and neglect and treatment of
   5-50  children at risk of abuse and neglect on:
   5-51              (1)  child abuse;
   5-52              (2)  the indicators of a false allegation of child
   5-53  abuse;
   5-54              (3)  the signs of a fabrication of child abuse; and
   5-55              (4)  the methods of preventing and treating child
   5-56  abuse.
   5-57        (d) <(c)>  The professional training curriculum developed
   5-58  under this section must include information concerning:
   5-59              (1)  recognizing physical abuse, including
   5-60  distinguishing abuse from ordinary childhood injuries;
   5-61              (2)  recognizing signs of psychological abuse;
   5-62              (3)  available treatment resources; <and>
   5-63              (4)  the incidence and types of reports of child abuse
   5-64  that are received by the investigating agencies, including
   5-65  information concerning false reports, to include the need for
   5-66  informing persons suspected of submitting false reports of the
   5-67  provisions of Section 34.031, Family Code, and Section 12.22, Penal
   5-68  Code, as appropriate;
   5-69              (5)  procedures for conducting investigations of child
   5-70  abuse or neglect which include the gathering of all relevant
    6-1  evidence and the conclusion of which shall be based on an objective
    6-2  examination of all relevant evidence.
    6-3        (e) <(d)>  The standards must:
    6-4              (1)  recommend that videotaped and audiotaped
    6-5  interviews with a suspected victim be uninterrupted;
    6-6              (2)  recommend a maximum number of interviews with and
    6-7  examinations of a suspected victim;
    6-8              (3)  establish <recommend> procedures to preserve
    6-9  evidence, including the original notes, videotapes, and audiotapes;
   6-10  <and>
   6-11              (4)  require <recommend> that an investigator of
   6-12  suspected child abuse make a reasonable effort to locate and inform
   6-13  each parent of a child of any report of abuse relating to the
   6-14  child; and
   6-15              (5)  establish procedures that prohibit an investigator
   6-16  from using interview techniques with a child that manipulate the
   6-17  child into making a statement that alleges abuse or neglect,
   6-18  including:
   6-19                    (A)  repeated questioning for the purpose of
   6-20  causing the child to make a false statement alleging abuse or
   6-21  neglect;
   6-22                    (B)  rehearsing answers;
   6-23                    (C)  hypnosis; and
   6-24                    (D)  offering a reward or threatening to punish.
   6-25        SECTION 10.  Subchapter A, Chapter 34, Family Code, is
   6-26  amended by adding Section 34.055 to read as follows:
   6-27        Sec. 34.055.  EDUCATIONAL REQUIREMENTS.  To become an
   6-28  investigator or supervisor of an investigator under this chapter,
   6-29  an employee must, at a minimum, have a bachelor's degree.
   6-30        SECTION 11.  Subsection (c), Section 34.21, Family Code, is
   6-31  amended to read as follows:
   6-32        (c)  The office shall:
   6-33              (1)  adopt a memorandum of understanding with each
   6-34  state agency that operates, licenses, certifies, or registers a
   6-35  child-care facility that clarifies each agency's responsibilities
   6-36  under this chapter;
   6-37              (2)  establish guidelines relating to the investigation
   6-38  of child abuse and neglect in facilities operated, licensed,
   6-39  certified, or registered by a state agency that reflect the
   6-40  annually reviewed evaluations conducted by the office to maintain
   6-41  consistency with current research on:
   6-42                    (A)  child abuse;
   6-43                    (B)  the validity of child abuse allegations;
   6-44                    (C)  preventative approaches;
   6-45                    (D)  false signs of child abuse; and
   6-46                    (E)  procedures for investigating child abuse
   6-47  that may manipulate the child into making a false statement that
   6-48  alleges child abuse or neglect;
   6-49              (3)  assist state agencies in developing rules,
   6-50  policies, and procedures consistent with the evaluations listed in
   6-51  Subdivision (2) of this subsection to govern the investigation of
   6-52  child abuse and neglect in facilities operated, licensed,
   6-53  certified, or registered by the agency; and
   6-54              (4)  compile, maintain, and make available statistics
   6-55  on the incidence of child abuse and neglect in facilities operated,
   6-56  licensed, certified, or registered by a state agency.
   6-57        SECTION 12.  Subsection (c), Section 34.23, Family Code, is
   6-58  amended to read as follows:
   6-59        (c)  If the state agency finds evidence indicating that a
   6-60  child may have <has> been <or may be> abused or neglected, the
   6-61  agency shall <submit a copy of the> report <to> the evidence to the
   6-62  appropriate law enforcement agency.
   6-63        SECTION 13.  Subsections (a) and (c), Section 34.25, Family
   6-64  Code, are amended to read as follows:
   6-65        (a) The Office of Youth Care Investigations shall review each
   6-66  report and complaint received by a state agency or the office
   6-67  relating to an investigation of abuse or neglect in a facility
   6-68  operated by a state agency.  The review shall determine whether or
   6-69  not the investigation was conducted according to applicable rules
   6-70  and the standards set forth in <Subsection (b) of> Section 34.05 of
    7-1  this code; if not, the office shall conduct its own investigation.
    7-2  The state agency shall provide the office, within 10 working days
    7-3  of the request by the office, the case history information
    7-4  necessary to conduct an investigation.  The office shall conduct an
    7-5  investigation in any case where necessary to carry out the intent
    7-6  of this chapter and shall report any findings and recommendations
    7-7  to the policymaking body of the agency that conducted the
    7-8  investigation for any necessary corrective action.
    7-9        (c)  The office shall review complaints relating to an
   7-10  investigation of abuse or neglect conducted by the Texas Department
   7-11  of Human Services.  An individual may file a complaint with the
   7-12  office directly regardless of whether a complaint was submitted to
   7-13  <if the complaint could not be resolved through> the department's
   7-14  review process established under Section 34.052 of this code.  The
   7-15  office may review other investigations conducted by the department
   7-16  under Section 34.05 of this code as necessary.  The department
   7-17  shall provide the office, within 10 working days of the request by
   7-18  the office, the case history information necessary to conduct a
   7-19  review.  The office shall conduct an investigation in any case
   7-20  where necessary to carry out the intent of this chapter and shall
   7-21  report any findings and recommendations to the <Texas> Board of
   7-22  Protective and Regulatory <Human> Services for any necessary
   7-23  corrective action.
   7-24        SECTION 14.  Subchapter B, Chapter 34, Family Code, is
   7-25  amended by adding Section 34.251 to read as follows:
   7-26        Sec. 34.251.  YOUTH CARE INVESTIGATIONS OVERSIGHT PANEL.
   7-27  (a)  The youth care investigations oversight panel is established.
   7-28        (b)  The oversight panel shall consist of nine members, two
   7-29  of whom are appointed from the house of representatives by the
   7-30  speaker of the house of representatives, two of whom are appointed
   7-31  from the senate by the lieutenant governor, and five of whom are
   7-32  persons with advanced training and degrees and practical experience
   7-33  in subjects related to child abuse treatment and prevention or
   7-34  parents, appointed by the governor.
   7-35        (c)  The oversight panel shall meet with the Office of Youth
   7-36  Care Investigations to review the complaint procedures of the
   7-37  office and child protective services of the Department of
   7-38  Protective and Regulatory Services.
   7-39        (d)  The oversight panel shall monitor the office's selection
   7-40  of training curriculum for investigators and shall amend the
   7-41  curriculum as necessary to ensure that the curriculum represents a
   7-42  comprehensive understanding of the latest scientific and clinically
   7-43  valid approaches to child abuse prevention and treatment as well as
   7-44  information about false signs of child abuse and faulty procedures
   7-45  for recognizing child abuse.
   7-46        (e)  Members of the oversight panel shall serve at the
   7-47  pleasure of their appointing official.
   7-48        SECTION 15.  Subdivision (1), Section 34.50, Family Code, is
   7-49  amended to read as follows:
   7-50              (1)  "Child at risk" <"Abused child"> means a child who
   7-51  by determination of the department has manifested objective
   7-52  indications or whose home environment has manifested objective
   7-53  indications of a likelihood that the child has been, is being, or
   7-54  will be abused or neglected sufficient to qualify for in-home
   7-55  intervention <suffered abuse or neglect by a person responsible for
   7-56  the child's care, custody, or welfare>.
   7-57        SECTION 16.  Subsections (a) and (b), Section 34.51, Family
   7-58  Code, are amended to read as follows:
   7-59        (a)  When the department provides services directly or by
   7-60  contract to a <an abused> child at risk and the child's family, the
   7-61  services shall be designed to prevent <further> abuse, to
   7-62  ameliorate <alleviate> the effects of possible <the> abuse that may
   7-63  have occurred <suffered>, to prevent removal of the child from the
   7-64  home, and to provide reunification services when appropriate for
   7-65  the return of the child to the home.  The department shall
   7-66  emphasize ameliorative services for <sexually abused> children at
   7-67  risk of sexual abuse.
   7-68        (b)  The department shall provide or contract for necessary
   7-69  services to a <an abused> child at risk and the child's family
   7-70  whether the child remains in or is removed from the family home.
    8-1  If parental rights have been terminated, services may be provided
    8-2  only to the child.
    8-3        SECTION 17.  Section 34.52, Family Code, is amended to read
    8-4  as follows:
    8-5        Sec. 34.52.  Standards and Effectiveness.  (a)  The
    8-6  department, with assistance from nationally recognized behavioral
    8-7  research scientists including clinical child psychologists, child
    8-8  psychiatrists, and childhood behaviorists <national organizations>
    8-9  with expertise in prevention of child abuse and neglect and
   8-10  treatment of children at risk of abuse or neglect <child protective
   8-11  services>, shall define a minimal baseline of in-home and foster
   8-12  care services for <abused> children at risk of abuse or neglect
   8-13  that meets the professionally recognized standards for those
   8-14  services.  The department shall attempt to provide services at a
   8-15  standard not lower than the minimal baseline standard.
   8-16        (b)  The department, with assistance from nationally
   8-17  recognized behavioral research scientists including clinical child
   8-18  psychologists, child psychiatrists, and childhood behaviorists
   8-19  <national organizations> with expertise in prevention of abuse and
   8-20  neglect and treatment of children at risk of abuse and neglect
   8-21  <child protective services>, shall develop outcome measures to
   8-22  track and monitor the effectiveness of in-home and foster care
   8-23  services.
   8-24        SECTION 18.  Subsection (a), Section 34.53, Family Code, is
   8-25  amended to read as follows:
   8-26        (a)  Except as provided by Subsection (b) of this section,
   8-27  the court on request of the department may order the parent,
   8-28  managing conservator, guardian, or other member of the at-risk
   8-29  <abused> child's household to participate in the services the
   8-30  department provides or purchases for alleviating the effects of
   8-31  abuse that may have occurred and to permit the at-risk <abused>
   8-32  child and any siblings to receive the services. The department may
   8-33  request the court to order the parent, managing conservator,
   8-34  guardian, or other member of the at-risk <abused> child's household
   8-35  to participate in the services whether the child resides in the
   8-36  home or has been removed from the home. If the person ordered to
   8-37  participate in the services fails to follow the court's order, the
   8-38  court may impose community service as a sanction for contempt.
   8-39        SECTION 19.  This Act takes effect September 1, 1993.
   8-40        SECTION 20.  The importance of this legislation and the
   8-41  crowded condition of the calendars in both houses create an
   8-42  emergency and an imperative public necessity that the
   8-43  constitutional rule requiring bills to be read on three several
   8-44  days in each house be suspended, and this rule is hereby suspended.
   8-45                               * * * * *
   8-46                                                         Austin,
   8-47  Texas
   8-48                                                         May 11, 1993
   8-49  Hon. Bob Bullock
   8-50  President of the Senate
   8-51  Sir:
   8-52  We, your Committee on Health and Human Services to which was
   8-53  referred S.B. No. 1033, have had the same under consideration, and
   8-54  I am instructed to report it back to the Senate with the
   8-55  recommendation that it do not pass, but that the Committee
   8-56  Substitute adopted in lieu thereof do pass and be printed.
   8-57                                                         Zaffirini,
   8-58  Chair
   8-59                               * * * * *
   8-60                               WITNESSES
   8-61                                                  FOR   AGAINST  ON
   8-62  ___________________________________________________________________
   8-63  Name:  Rick Lannoye                              x
   8-64  Representing:  Victims of Child Abuse Laws
   8-65  City:  Mesquite
   8-66  -------------------------------------------------------------------
   8-67  Name:  Roger Pearson                             x
   8-68  Representing:  Vocal of Tx
   8-69  City:  Round Rock
   8-70  -------------------------------------------------------------------
    9-1  Name:  Rita P. Powell                            x
    9-2  Representing:  Tx Asso of Lic Children's
    9-3  City:  Austin
    9-4  -------------------------------------------------------------------
    9-5  Name:  Paula Rosentein                                   x
    9-6  Representing:  Self
    9-7  City:  San Antonio
    9-8  -------------------------------------------------------------------
    9-9  Name:  Wendell Telton                                    x
   9-10  Representing:  Tx Coalition Prevention of
   9-11  City:  Austin
   9-12  -------------------------------------------------------------------
   9-13  Name:  Kay Love                                                x
   9-14  Representing:  Tx DPRS
   9-15  City:  Austin
   9-16  -------------------------------------------------------------------
   9-17  Name:  G. K. Sprinkle                                    x
   9-18  Representing:  Tx Counseling Asso
   9-19  City:  Austin
   9-20  -------------------------------------------------------------------
   9-21  Name:  Winifred Conlon                                   x
   9-22  Representing:  Tx St Foster Parents, Inc.
   9-23  City:  Austin
   9-24  -------------------------------------------------------------------
   9-25                                                  FOR   AGAINST  ON
   9-26  ___________________________________________________________________
   9-27  Name:  Jordan K. Faires                                  x
   9-28  Representing:  Tx Council of Family Violence
   9-29  City:  Austin
   9-30  -------------------------------------------------------------------
   9-31  Name:  Stuart Miller                                     x
   9-32  Representing:  Tx Fathers for Equal Rights
   9-33  City:  Austin
   9-34  -------------------------------------------------------------------
   9-35  Name:  Brent Sandbak                                     x
   9-36  Representing:  Children
   9-37  City:  Austin
   9-38  -------------------------------------------------------------------