BILL ANALYSIS
C.S.H.B. 2569
By: Brady (Harris)
Jurisprudence
5-17-95
Senate Committee Report (Substituted)
BACKGROUND
In an action to remove a child from an abusive environment, time is
of the essence. A mechanism is needed to allow both the Department
of Protective and Regulatory Service and other interested parties
to gain immediate access to the courts in an effort to have a child
removed from an emergency situation.
PURPOSE
As proposed, C.S.H.B. 2569 sets forth provisions allowing for the
immediate access to the courts in a life and death situation of
suspected child abuse.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Department of Protective and Regulatory Services under
SECTION 8 (Section 264.109(b), Family Code, 1995) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 262B, Family Code, as added by H.B. 655,
Acts of the 74th Legislature, Regular Session, 1995 (1995), by
adding Section 262.111, as follows:
Sec. 262.111. EXPEDITED HEARING AND APPEAL. (a) Entitles the
Department of Protective and Regulatory Services (department)
to an expedited hearing in any proceeding in which a hearing
is required if the department determines that a child should
be removed from the child's home because of an immediate
danger to the physical health or safety of the child.
(b) Entitles the department, parent, or other interested
party to an expedited appeal on a ruling by a court that the
child may not be removed from the child's home in any
expedited hearing.
(c) Entitles the department or other interested party to an
expedited hearing on the removal of the child from the
child's home and an expedited appeal if a child is returned
after a removal and the child is the subject of subsequent
allegation of abuse or neglect.
SECTION 2. Amends Section 261.301, Family Code, 1995, by adding
Subsections (f) and (g), as follows:
(f) Requires an investigation of a report to the department of
serious physical or sexual abuse of a child to be conducted
jointly by an investigator from the appropriate law
enforcement agency and the department or agency responsible
for conducting an investigation under Subchapter E.
(g) Provides that the inability or unwillingness of a local
law enforcement agency to conduct a joint investigation does
not constitute grounds to prevent or prohibit the department
from performing its duties under this subtitle.
SECTION 3. Amends Chapter 261D, Family Code, 1995, by adding
Sections 261.312 and 261.313, as follows:
Sec. 261.312. INVESTIGATION TRAINING. (a) Requires the
Commission on Law Enforcement Officer Standards and Education
to provide training in the investigation of child abuse and
neglect.
(b) Requires each law enforcement agency that has
responsibility for investigating allegations of child abuse
or neglect to require that an adequate number of law
enforcement officers in the agency receive training.
Sec. 261.313. REVIEW TEAMS; OFFENSE. (a) Requires the
department to establish review teams to evaluate department
casework and decision-making related to investigations by the
department of child abuse or neglect. Authorizes the
department to create review teams for each region of the
department for child protective services. Provides that a
review team is a citizen review panel or a similar entity for
the purposes of federal law relating to a state's child
protection standards.
(b) Sets forth requirements for the members that compose a
review team. Provides that a team member is a department
volunteer for the purposes of Section 411.114, Government
Code.
(c) Requires a review team to conduct a review by examining
the facts of the case as outlined by the department
caseworker and law enforcement personnel. Prohibits the
department from disclosing the identity of a person who
reports abuse or neglect of another individual involved in
the investigation. Provides that the identity of a person
involved in the investigation is confidential.
(d) Requires a review team to report to the department the
results of the team's review of an investigation. Prohibits
the review team's report from including confidential
information. Subjects the findings in the report to
disclosure under Chapter 552, Government Code.
(e) Provides that a team member commits a Class C
misdemeanor offense if the member discloses confidential
information.
SECTION 4. Amends Chapter 262B, Family Code, 1995, by adding
Section 262.1015, as follows:
Sec. 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE. (a)
Requires the department to file a petition for the removal of
the alleged perpetrator rather than attempt to remove the
child from the residence if the department determines that
child abuse has occurred and that the child would be protected
by the removal of the alleged perpetrator.
(b) Authorizes a court to issue a temporary restraining
order in a suit for the removal of an alleged perpetrator if
the department's petition satisfies certain criteria.
(c) Applies the notice requirements under Section 262.109 to
a proceeding. Requires the order to be served on the
alleged perpetrator and on the parent or other adult with
whom the child will continue to reside.
(d) Requires a temporary restraining order to be issued for
the same duration as an order under Section 262.103.
Applies the requirements of an adversary hearing for the
removal of a child from a child's home to the removal of an
alleged perpetrator.
(e) Requires a temporary restraining order or any order
requiring the removal of an alleged perpetrator from the
residence of a child to require that the parent or other
adult with whom the child will continue to reside in the
child's home to make a reasonable effort to monitor and
report to the department and the appropriate law enforcement
agency any attempt by the alleged perpetrator to return.
(f) Provides that a person commits a Class A misdemeanor if
the person is a person with whom the child resides, the
person is served with an order containing the requirement in
Subsection (e), and the person fails to monitor the
residence of the child or to report to the appropriate
entities an attempt by the alleged perpetrator to return.
(g) Provides that a person commits a Class A misdemeanor if,
in violation of a court order, the person returns to the
residence from which the person was removed, except that the
offense is a third degree felony if the person has
previously been convicted under this subsection.
SECTION 5. Amends Chapter 263A, Family Code, 1995, by adding
Section 263.005, as follows:
Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. Requires
the department to designate existing personnel to ensure that
the parties to a family service plan comply with the plan.
SECTION 6. Amends Chapter 264A, Family Code, 1995, by adding
Section 264.010, as follows:
Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF
FUNDS. (a) Authorizes appropriated funds for protective
services, child and family services, and the purchased service
system for the department to be only spent on or after March
1, 1996, in a county that provides the department with a child
abuse prevention and protection plan (plan). Requires the
department to document the county's failure to submit a plan
and authorizes the department to spend appropriated funds in
the county to carry out the department's duties if a plan is
not submitted to the department.
(b) Authorizes a plan to be submitted by the governing body
of a county or of a regional council of governments in which
the county is an active participant.
(c) Prohibits the department from requiring a plan to exceed
a certain length. Authorizes the county or council of
governments to voluntarily provide a longer plan.
(d) Sets forth requirements for the plan.
SECTION 7. Amends Chapter 261D, Family Code, 1995, by adding
Section 261.314, as follows:
Sec. 261.314. TESTING. (a) Requires the department to
provide testing for the welfare of a child who the department
believes has been sexually abused, including HIV testing of a
child who was abused in a manner by which HIV may be
transmitted.
(b) Provides that the test results are confidential, except
as provided by Subsection (c).
(c) Sets forth parties to whom the department is required to
report the results if requested.
SECTION 8. Amends Chapter 264B, 1994, by adding Section 264.109,
as follows:
Sec. 264.109. ADOPTIVE PARENT REGISTRY. (a) Requires the
department to establish a registry of persons who are willing
to accept foster care placement of a child in the department's
care. Authorizes the child to be placed temporarily with a
registrant pending termination of the parent-child
relationship.
(b) Requires a registrant to satisfy requirements adopted by
the department, by rule.
(c) Requires the department to maintain a list of
registrants and to make an effort to place the child with
the first available qualified registrant if a qualified
extended family member is unavailable.
(d) Requires the person to sign a statement in which the
person agrees to the immediate removal of the child by the
department under circumstances determined by the department.
(e) Provides that a person registered under this section is
not entitled to compensation during the time the child is
placed in the person's home but may receive support services
provided for the child by the department.
(f) Grants a person registered under this section the right
of first refusal for the adoption of a child placed in the
person's home if the parent-child relationship is terminated
with regard to the child.
(g) Authorizes the department to refuse to place a child
with a person registered under this section only for a
reason permitted under criteria adopted by department rule.
(h) Requires the department to make the public aware of the
existence and benefits of the adoptive parent registry
through appropriate existing department communication
methods.
SECTION 9. Amends Chapter 264C, Family Code, by adding Section
264.205, as follows:
Sec. 264.205. SWIFT ADOPTION TEAMS. (a) Requires the
department to develop swift adoption teams (teams) to expedite
the process of placing a child under the jurisdiction of the
department for adoption.
(b) Requires a team to consist of department personnel who
shall operate under policies adopted by department rule.
Requires the department to set priorities for the allocation
of department resources to enable a team to operate
successfully under the policies adopted under this
subsection.
(c) Requires the department to report to the legislature on
the success of teams in expediting the administrative
procedures and the length of time in placing children for
adoption. Requires the report to include department
recommendations that would enable the department to further
improve adoption placements. Requires the department to
report under this section on or before December 1 of each
even-numbered year.
SECTION 10. Amends Section 107.002, Family Code, by adding
Subsection (e), to provide that a court is not required under this
section to appoint an attorney ad litem in a proceeding in which a
suit for the dissolution of a marriage is uncontested, or the
issues of possession of and access to a child are agreed to by both
parents.
SECTION 11. Amends Chapter 107, Family Code, by adding Section
107.006, as follows:
Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
QUALIFICATIONS. (a) Requires the local administrative
district judge in each county in the department region for
child protective services that contains a county having a
population of 2.8 million or more and authorizes a local
administrative district judge in any other county to establish
a pool from which guardians ad litem and attorneys ad litem
are appointed for proceedings in the district courts of the
county. Sets forth eligibility requirements for the pool.
(b) Requires a person, before appointment as a guardian ad
litem or an attorney ad litem, to have read, acknowledged by
signing, and filed with the local administrative judge a
written statement prepared by the local administrative
district judge that lists the responsibilities of an ad
litem. Requires the court to retain a copy of the
acknowledgement for two years. Requires a person, to
continue to receive appointments under this section, to
execute a new statement at least every two years.
(c) Authorizes a party to a proceeding in which a person is
appointed as a guardian ad litem or an attorney ad litem to
object to appointment of the person at any time before the
date of the trial of the proceeding. Authorizes a party to
object on the grounds that the party believes that the
person appointed lacks objectivity or is failing to fulfill
the person's responsibilities as an ad litem as outlined in
the written statement of ad litem responsibilities.
(d) Requires a person appointed as a guardian ad litem or
attorney ad litem to complete and submit to the court a
voucher or claim for payment that includes the fees charged
and hours worked by the ad litem. Subjects information
submitted under this section to disclosure under Chapter
552, Government Code.
(e) Authorizes the Bureau of Vital Statistics to compile
information submitted under Subsection (d) for a county that
maintains information on an electronic database. Requires
the county, on request of the bureau, to provide the
information. Requires information compiled by the bureau
under this section to be made available to the department.
SECTION 12. Amends, transfers, and redesignates Section 772.007,
Government Code, to Title 5E, Family Code, as follows:
SUBCHAPTER H. CHILD ABUSE PROGRAM EVALUATION
Sec. 264.701. New heading: CHILD ABUSE PROGRAM EVALUATION
COMMITTEE. Redesignates existing Section 772.007. (a)
Provides that the Child Abuse Program Evaluation Committee
(committee) is established within the department, rather than
the office of the governor.
(b) Provides that the Board of Protective and Regulatory
Services (board), rather than the governor with the senate's
advice and consent, appoints the committee composed of
certain members. Makes conforming changes.
(c) Requires the board to consider appointing to the
committee an adult who as a child was a recipient of
services relating to the prevention or treatment of child
abuse or neglect and a custodial and noncustodial parent of
a person who was a recipient of services.
(d) Redesignates existing Subsection (c). Provides that the
term of three public committee members (public members)
expires on September 1 of each even-numbered year, rather
than on February 1 of each odd-numbered year. Makes
conforming changes.
(e) Redesignates existing Subsection (d). Entitles a public
member to reimbursement for travel expenses and a per diem.
(f)-(g) Redesignate existing Subsections (e)-(f).
(h) Redesignates existing Subsection (g). Requires the
committee to develop and adopt standard models and
guidelines for prevention and treatment of child abuse to be
used in implementing and administering the evaluation system
created under this subchapter, among other requirements.
Makes conforming changes.
(i)-(j) Redesignate existing Subsections (h)-(i). Make
conforming changes.
SECTION 13. (a) Effective date: September 1, 1995.
(b) Requires the board to make appointments to the committee
by January 1, 1996. Requires a public member serving on the
effective date of this Act to serve the remainder of the
member's appointed term.
(c) Requires the term of a public member whose term was to
expire on February 1, 1997, to expire on September 1, 1996.
(d) Requires the term of a public member whose term was to
expire on February 1, 1999, to expire on September 1, 1998.
(e) Requires the term of a public member whose term was to
expire on February 1, 2001, to expire on September 1, 2000.
SECTION 14. Emergency clause.