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.