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.