BILL ANALYSIS
C.S.S.B. 262
By: Leedom
Jurisprudence
04-11-95
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 conditions under which a child who is the
subject of an allegation of abuse or neglect may be removed from
the child's home. Although there is a penalty for false reports of
abuse, no penalty exists for manipulating a child to make a
statement that becomes the basis of an allegation in a report of
abuse or neglect of the child.
PURPOSE
As proposed, C.S.S.B. 262 sets forth procedures and standards for
investigations into child abuse by the Department of Protective and
Regulatory Services.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Department of Protective and Regulatory Services in SECTION
4 (Section 34.05(a), Family Code) and SECTION 7 (Section 34.054(a),
Family Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 17.03, Family Code, by adding Subsection
(j), as follows:
(j) Requires a person taking a child into possession to make
every reasonable effort to place the child in the child's home
if a person entitled to possession of the child can care for
the child in the home or, if not, to place the child with
another parent or relative who is able to provide the child
with a safe environment on a temporary basis.
SECTION 2. Amends Section 17.04, Family Code, as follows:
Sec. 17.04. New heading: FULL ADVERSARY HEARING; FINDINGS OF
THE COURT. (a) Requires a full adversary hearing to be held
by the 14th day after the child was taken into possession by
the governmental entity, rather than by other means, unless
the child has already been returned to a parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian entitled to possession (certain party) and the
temporary order, if any, has been dissolved.
(b) Requires the court to order the return of the child to
the certain party at the conclusion of the hearing unless
the court finds evidence that there was a danger to the
physical health or safety of the child and it was contrary
to the welfare of the child to remain in the home; the
urgent need for protection required the immediate removal of
the child, making efforts to eliminate or prevent the
child's removal impossible or unreasonable; and there is a
substantial risk of a continuing danger which makes the
return of the child to the child's home contrary to the
child's welfare in spite of efforts to eliminate the need
for the child's removal and enable the child to return home.
(c) Requires the court to issue a temporary order under
Chapter 11 if the court finds evidence that there is a
continuing danger to the physical health or safety of the
child and that it is contrary to the welfare of the child to
remain in the home.
(d) Authorizes the court to consider whether the household
to which the child would be returned has in it a person who
has sexually abused another child. Makes conforming
changes.
SECTION 3. Amends Chapter 34A, Family Code, by adding Section
34.0311, as follows:
Sec. 34.0311. CAUSING CHILD TO MAKE FALSE REPORT OF ABUSE OR
NEGLECT. (a)-(b) Provides that a person commits a Class A
misdemeanor if the person intentionally causes a child to make
a false statement that becomes the basis of an allegation of
child abuse.
SECTION 4. Amends Section 34.05, Family Code, as follows:
Sec. 34.05. INVESTIGATION AND REPORT OF RECEIVING AGENCY.
(a) Authorizes, the Department of Protective and Regulatory
Services (department), by rule, to assign priorities to
investigations based on the severity and immediacy of the
alleged harm to the child. Requires the purpose of the
investigation to be protecting the child by determining
whether intervention, services or removal is necessary. Makes
nonsubstantive changes.
(b) Requires the department to make every reasonable effort
to maintain the child in the child's home if the department
determines that in-home crisis intervention is necessary.
(c) Requires the department to take every measure necessary
to preserve the continuity of the child's living
arrangements and normal family relationships within a safe
environment.
(d) Redesignates existing Subsection (b). Requires the
department or agency to collect objective indicators that
abuse may have occurred.
(e) Created from existing Subsection (c). Makes
nonsubstantive changes.
(f) Created from existing Subsection (c).
(g)-(i) Redesignate existing Subsections (d)-(g). Make
nonsubstantive and conforming changes.
(k) Prohibits the department or agency from forcing a parent
to limit the parent's right of possession of or access to a
child, except as provided in Chapter 17 or by filing with
the court a petition seeking relief.
SECTION 5. Amends Section 34.051, Family Code, as follows:
Sec. 34.051. INFORMATION RELATING TO INVESTIGATION PROCEDURE.
(a) Created from existing text. Makes nonsubstantive changes.
(b) Requires the department to provide the current address
and telephone number of the department to a parent or other
person with legal custody of the child.
SECTION 6. Amends Section 34.053(a), Family Code, to make
nonsubstantive changes.
SECTION 7. Amends Section 34.054, Family Code, as follows:
Sec. 34.054. INVESTIGATION STANDARDS. (a) Requires the
department to adopt uniform, rather than voluntary standards,
by rule, for investigations. Requires department standards to
be considered by another agency when the agency adopts its own
standards and policies.
(b) Requires the standards to require, rather than provide
for, a minimum number of hours of annual professional
training for investigators and interviewers.
(c) Requires the department to review the training
curriculum annually, with regard to specific factors.
(d) Redesignates existing Subsection (c). Requires the
training to include, among other issues, information
concerning the need to inform persons suspected of making
false reports of the penalties for doing so and procedures
for conducting an investigation of child abuse.
(e) Redesignates existing Subsection (d). Sets forth
requirements for the standards, including establishing,
rather than recommending, procedures to preserve evidence;
requiring, rather than recommending, that an investigator of
suspected child abuse make a reasonable effort to locate and
inform each parent of a child of any report of abuse
relating to the child; and establishing procedures that
prohibit an investigator from using techniques with a child
that cause the child to make a false statement that alleges
abuse or neglect.
SECTION 8. Amends Chapter 34A, Family Code, by adding Section
34.056, as follows:
Sec. 34.056. EDUCATIONAL REQUIREMENTS. Requires an
investigator or supervisor of an investigator to have a
bachelor's degree.
SECTION 9. Amends Section 34.23(c), Family Code, to require the
state agency finding evidence that a child may have been abused to
report the evidence to the appropriate law enforcement agency.
SECTION 10. Amends Sections 34.51(a) and (b), Family Code, to
make nonsubstantive changes.
SECTION 11. Amends Section 34.53(a), Family Code, to make
conforming changes.
SECTION 12. Effective date: September 1, 1995.
SECTION 13. Emergency clause.