BILL ANALYSIS
C.S.S.B. 262
By: Leedom (Driver)
05-19-95
Committee Report (Substituted)
BACKGROUND
Currently, when a child is taken into possession by an authorized
representative of the Texas Department of Human Services, a law
enforcement officer, or a juvenile probation officer under court
order, the person taking the child is not required to make an
effort to place the child in the child's home. Similarly, the
Department of Protective and Regulatory Services in investigating
a report of child abuse or neglect is not required to attempt to
maintain the child in the child's home if the department determines
that in-home crisis intervention is necessary. There is no legal
statute that limits the condition under which a child who is the
subject of an allegation of abuse or neglect may be removed from
the child's home. Also, there is no statute that encourages the
maintenance of the parent-child relationship.
PURPOSE
As substituted, S.B. No. 262 sets forth procedures and standards
for investigations of child abuse by the Department of Protective
and Regulatory Services, encourages maintenance of the parent-child
relationship, and encourages adoption of continuing education
requirements and educational standards for investigators and
supervisors of investigators.
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 263.306, Family Code, as added by HB
655, 74R, by requiring the court to consider whether returning the
child to the custody and control of the child's parents is in the
child's best interest.
SECTION 2. Amends Section 263.307(a) and (b), Family Code, as
added by HB 655, 74R, by instructing the court to consider whether
the child would benefit by returning to the child's home. Makes
conforming changes.
SECTION 3. Amends Section 264.002, Family Code, as added by HB
655, 74R, by adding Subsections (f)-(h) as follows:
(f) Requires the department to review annually the training
curriculum in child abuse, indicators of a false allegation of
child abuse, methods of preventing and treating child abuse, and
interview techniques, in order to ensure that curriculum is up-to-date and consistent with current research by nationally
recognized authorities.
(g) Encourages the department to the extent reasonable and
practical to hire only a person who holds a bachelor's degree as
an investigator or a supervisor of an investigator.
(h) Encourages the department to adopt standards for
continuing education and training curriculum for investigators.
SECTION 4. Amends Section 264.201(a), Family Code, as added by HB
655, 74R, to require the department to provide services to an
abused or neglected child and the child's family that will foster,
encourage, and support a strengthened parent-child relationship.
SECTION 5. Effective date: September 1, 1995.
SECTION 6. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.S.B. 262 reflects the recodification of Title 2 of the Family
Code as enacted by H.B. 655, Acts of the 74th Legislature, Regular
Session, 1995.
The committee substitute includes a provision which requires
services to focus on strengthening the parent-child relationship.
The substitute bill deletes from the original version provisions
establishing the youth care investigations oversight panel, and
relating to the manipulation of a child's statement that becomes
the basis of an allegation and providing penalties.
SUMMARY OF COMMITTEE ACTION
In a public hearing on May 10, 1995, S.B. 262 was referred directly
to a subcommittee consisting of Representative Goodman.
After being recalled from subcommittee, the bill was considered by
the committee in a formal meeting on May 19, 1995. The committee
considered a complete substitute for the bill which was adopted
without objection. S.B. 188 was reported favorably as substituted
with the recommendation that it do pass and be printed by a record
vote of 5 ayes, 0 nays, 0 pnv, 4 absent.