BILL ANALYSIS
C.S.H.B. 2567
By: Brady
05-05-95
Committee Report (Substituted)
BACKGROUND
The number of annual child abuse cases reported in Texas has
increased from 195,000 to 237,660 since 1994. Likewise the number
of confirmed cases of abuse is up from 56,251 to 69,521 over the
same time period.
PURPOSE
In an effort to stem the rising tide of child abuse, C.S.H.B. 2567
requires joint investigations of child abuse by law enforcement and
the Department of Protective and Regulatory Services (DPRS);
requires child abuse training for law enforcement officers;
establishes local DPRS review teams to evaluate and make
recommendations to DPRS; requires the confirmed child abuser to
leave the house rather than the abused child in a child abuse
investigation.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 261.301, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Subsection (f) to require joint investigations of child
abuse cases by the DPRS and law enforcement.
SECTION 2. Amends Chapter 261D, Family Code, as added by House Bill
655, Acts of the 74th Legislature, Regular Session, 1995, by adding
Sections 261.312 and 261.313 as follows:
Section 261.312. INVESTIGATION TRAINING. Requires Texas
Commission on Law Enforcement Officer Standards and Education to
provide child abuse training for agencies with responsibility
for investigating child abuse.
Section 261.313. REVIEW TEAMS; OFFENSE. (a) Requires the
Department to establish one or more local review teams to
evaluate child abuse investigations for each region of the
DPRS.
(b) Outlines the composition of the review teams and
their terms.
(c) Outlines the charge of the review teams and
maintains confidentiality of information.
(d) Requires review teams to report findings to the
Department and subjects those reports to Chapter 522 of the
Government Code.
(e) Establishes a Class C misdemeanor offense if a
review team member discloses confidential information.
SECTION 3. Amends Chapter 262B, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Section 262.1015 as follows:
Section 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE.
(a) Allows the Department to petition for the removal of the
offender from the home rather than the child in a child abuse
case.
(b) Allows the court to issue a TRO removing an alleged
perpetrator under this section if the child is in immediate
physical danger or has been the victim of sexual abuse, and
there is no time for an adversary hearing.
(c) Provides for serving both abusing and non-abusing
parent with notice.
(d) Allows duration of a TRO to be the same duration
as an any order under Section 262.103. Provides that the
Subchapter C requirements for an adversary
hearing apply to the removal of an abusing parent under
this section.
(e) Requires the non-abusing parent to make a
reasonable effort to monitor the residence and report to the
Department and law enforcement any attempt by the alleged
perpetrator to return to the home.
(f) Establishes a Class A misdemeanor offense for not
reporting an attempt to return to the residence by an alleged
perpetrator.
(g) Establishes a Class A misdemeanor offense for
perpetrator returning to the residence. Provides that the
offense is a third degree felony if the person has a
previous conviction under this subsection.
SECTION 4. Amends Chapter 263A, Family Code, as added by House Bill
655, Acts of the 74th Legislature, Regular Session, 1995, by adding
Section 263.005 as follows:
Section 263.005. ENFORCEMENT TEAMS. Requires the Department
to establish enforcement teams, from existing personnel, to
ensure compliance with family service agreements.
SECTION 5. Amends Chapter 264A, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Section 264.010 as follows:
Section 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE
OF FUNDS. (a) Provides that funds for the Department may only
be spent on or after March 1, 1996, in a county that
establishes a child abuse prevention and protection plan.
(b) Allows a child abuse prevention and protection plan
to be submitted by the county or a regional council
of government.
(c) Limits the plan to 5, double-spaced, letter sized
pages, unless a local entity elects to provide a longer plan.
(d) Requires the plan to specify the manner of
communications between affected local entities and state
agencies, and provide information concerning the prevention
and investigation of child abuse.
SECTION 6. Effective date: September 1, 1995. Makes application
of this Act prospective.
SECTION 7. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 2567 reflects recodification of Title II, Family Code, as
enacted by H.B. 655, Acts of the 74th Legislature, Regular Session,
1995.
The substitute adds clarifying language regarding the establishment
of DPRS review teams.
Allows for creation of one or more in each DPRS program.
Review team members are appointed by the Director.
The substitute also includes changes clarifying the language
relating to removing an alleged perpetrator from the residence
rather than the abused child, and establishes child abuse plans.
SUMMARY OF COMMITTEE ACTION
H.B. 2567 was considered in a public hearing on April 12, 1995.
The following persons testified in favor of the bill:
Norma Willcockson, representing herself;
Brent Sandbak, representing himself, Texas Fathers;
Richard G. Eigell, representing himself;
Patti Derr, representing herself;
Janice Sager, representing herself;
Sandra Martin, representing herself.
The following persons testified neutrally on the bill:
Pat Devin, representing Tx. Department of Protective and
Regulatory Services.
The bill was left pending in committee.
In a public hearing on May 3, 1995, the committee considered a
complete substitute for H.B. 2567 which was adopted without
objection. The committee reported H.B. 2567 favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.