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 -------------------------------------------------------------------