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.