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.