74R11135 JMM-D By Brady H.B. No. 2567 Substitute the following for H.B. No. 2567: By Cook C.S.H.B. No. 2567 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the investigation of certain allegations of child 1-3 abuse; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 261.301, Family Code, as added by House 1-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is 1-7 amended by adding Subsection (f) to read as follows: 1-8 (f) Notwithstanding any other provision of this chapter, an 1-9 investigation of an allegation of child abuse shall be conducted 1-10 jointly by an investigator from the department and the appropriate 1-11 local law enforcement agency. 1-12 SECTION 2. Subchapter D, Chapter 261, Family Code, as added 1-13 by House Bill 655, Acts of the 74th Legislature, Regular Session, 1-14 1995, is amended by adding Sections 261.312 and 261.313 to read as 1-15 follows: 1-16 Sec. 261.312. INVESTIGATION TRAINING. (a) The Commission 1-17 on Law Enforcement Officer Standards and Education shall provide 1-18 training in the investigation of child abuse and neglect. 1-19 (b) Each law enforcement agency in the state that has 1-20 responsibility for investigating allegations of child abuse or 1-21 neglect shall require that an adequate number of law enforcement 1-22 officers in the agency receive training provided under this 1-23 section. 1-24 Sec. 261.313. REVIEW TEAMS; OFFENSE. (a) The department 2-1 shall establish review teams to evaluate department casework and 2-2 decision-making related to investigations by the department of 2-3 child abuse or neglect. The department may create one or more 2-4 review teams for each region of the department for child protective 2-5 services. A review team is a citizen review panel or a similar 2-6 entity for the purposes of federal law relating to a state's child 2-7 protection standards. 2-8 (b) A review team consists of five members who serve 2-9 staggered two-year terms. Review team members are appointed by the 2-10 director of the department and consist of community representatives 2-11 and private citizens who live in the region for which the team is 2-12 established. Each member must be a parent who has not been 2-13 convicted of or indicted for an offense involving child abuse or 2-14 neglect, has not been determined by the department to have engaged 2-15 in child abuse or neglect, or is not under investigation by the 2-16 department for child abuse or neglect. 2-17 (c) A review team conducting a review of an investigation 2-18 shall conduct the review by examining the facts of the case as 2-19 outlined by the department caseworker and law enforcement 2-20 personnel. The names of individuals involved in the investigation 2-21 are confidential. 2-22 (d) A review team shall report to the department the results 2-23 of the team's review of an investigation. The review team's report 2-24 may not include confidential information. The findings contained 2-25 in a review team's report are subject to disclosure under Chapter 2-26 552, Government Code. 2-27 (e) A member of a review team commits an offense if the 3-1 member discloses confidential information. An offense under this 3-2 subsection is a Class C misdemeanor. 3-3 SECTION 3. Subchapter B, Chapter 262, Family Code, as added 3-4 by House Bill 655, Acts of the 74th Legislature, Regular Session, 3-5 1995, is amended by adding Section 262.1015 to read as follows: 3-6 Sec. 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE. (a) 3-7 If the department determines after an investigation that child 3-8 abuse has occurred and that the child would be protected in the 3-9 child's home by the removal of the alleged perpetrator of the 3-10 abuse, the department shall file a petition for the removal of the 3-11 alleged perpetrator from the residence of the child rather than 3-12 attempt to remove the child from the residence. 3-13 (b) A court may issue a temporary restraining order in a 3-14 suit by the department for the removal of an alleged perpetrator 3-15 under Subsection (a) if the department's petition states facts 3-16 sufficient to satisfy the court that: 3-17 (1) there is an immediate danger to the physical 3-18 health or safety of the child or the child has been a victim of 3-19 sexual abuse; and 3-20 (2) there is no time, consistent with the physical 3-21 health or safety of the child, for an adversary hearing. 3-22 (c) The notice requirements under Section 262.109 apply to a 3-23 proceeding under this section. The order shall be served on the 3-24 alleged perpetrator and on the parent or other adult with whom the 3-25 child will continue to reside. 3-26 (d) A temporary restraining order under this section shall 3-27 be issued for the same duration as an order under Section 262.103. 4-1 The requirements of an adversary hearing for the removal of a child 4-2 from the child's home under Subchapter C apply to the removal of an 4-3 alleged perpetrator under this section. 4-4 (e) A temporary restraining order under this section and any 4-5 other order requiring the removal of an alleged perpetrator from 4-6 the residence of a child shall require that the parent or other 4-7 adult with whom the child will continue to reside in the child's 4-8 home make a reasonable effort to monitor the residence and report 4-9 to the department and the appropriate law enforcement agency any 4-10 attempt by the alleged perpetrator to return to the residence. 4-11 (f) A person commits an offense if the person is a parent or 4-12 other person with whom a child resides, the person is served with 4-13 an order containing the requirement specified by Subsection (e), 4-14 and the person fails to make a reasonable effort to monitor the 4-15 residence of the child or to report to the department and the 4-16 appropriate law enforcement agency an attempt by the alleged 4-17 perpetrator to return to the residence. An offense under this 4-18 section is a Class A misdemeanor. 4-19 (g) A person commits an offense if, in violation of a court 4-20 order under this section, the person returns to the residence from 4-21 which the person was removed. An offense under this subsection is 4-22 a Class A misdemeanor, except that the offense is a felony of the 4-23 third degree if the person has previously been convicted under this 4-24 subsection. 4-25 SECTION 4. Subchapter A, Chapter 263, Family Code, as added 4-26 by House Bill 655, Acts of the 74th Legislature, Regular Session, 4-27 1995, is amended by adding Section 263.005 to read as follows: 5-1 Sec. 263.005. ENFORCEMENT TEAMS. The department shall 5-2 establish enforcement teams from existing department personnel to 5-3 ensure that the parties to a family service agreement comply with 5-4 the agreement. 5-5 SECTION 5. Subchapter A, Chapter 264, Family Code, as added 5-6 by House Bill 655, Acts of the 74th Legislature, Regular Session, 5-7 1995, is amended by adding Section 264.010 to read as follows: 5-8 Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF 5-9 FUNDS. (a) Funds appropriated for protective services, child and 5-10 family services, and the purchased service system for the 5-11 department may only be spent on or after March 1, 1996, in a county 5-12 that provides the department with a child abuse prevention and 5-13 protection plan. 5-14 (b) A child abuse prevention and protection plan may be 5-15 submitted by the governing body of a county or of a regional 5-16 council of governments in which the county is an active 5-17 participant. 5-18 (c) The department may not require a child abuse prevention 5-19 and protection plan to exceed five double-spaced letter-size pages. 5-20 The county or council of governments may voluntarily provide a 5-21 longer plan. 5-22 (d) A child abuse prevention and protection plan must: 5-23 (1) specify the manner of communication between 5-24 entities who are parties to the plan, including the department, the 5-25 Texas Department of Human Services, local law enforcement agencies, 5-26 the county and district attorneys, members of the medical and 5-27 social service community, foster parents, and child advocacy 6-1 groups; and 6-2 (2) provide other information concerning the 6-3 prevention and investigation of child abuse in the area for which 6-4 the plan is adopted. 6-5 SECTION 6. (a) This Act takes effect September 1, 1995. 6-6 (b) The change in law made by this Act applies to an 6-7 investigation of the abuse or neglect of a child for which an 6-8 allegation is made to the Department of Protective and Regulatory 6-9 Services or a law enforcement agency on or after the effective date 6-10 of this Act. An investigation for which an allegation is made 6-11 before the effective date of this Act is governed by the law in 6-12 effect at the time the allegation was made, and the former law is 6-13 continued in effect for that purpose. 6-14 SECTION 7. The importance of this legislation and the 6-15 crowded condition of the calendars in both houses create an 6-16 emergency and an imperative public necessity that the 6-17 constitutional rule requiring bills to be read on three several 6-18 days in each house be suspended, and this rule is hereby suspended.