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.