By Brady H.B. No. 2567
74R7573 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation of certain allegations of child
1-3 abuse; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 34.05, Family Code, is amended by adding
1-6 Subsections (h)-(k) to read as follows:
1-7 (h) Notwithstanding any other provision of this chapter, an
1-8 investigation of an allegation of child abuse or neglect shall be
1-9 conducted jointly by an investigator from the department and the
1-10 appropriate local law enforcement agency.
1-11 (i) The Commission on Law Enforcement Officer Standards and
1-12 Education shall provide training in the investigation of child
1-13 abuse and neglect. Each law enforcement agency in the state shall
1-14 require that an adequate number of law enforcement officers in the
1-15 agency receive the training under this subsection.
1-16 (j) Notwithstanding any other provision of this section, if
1-17 the department determines after an investigation that child abuse
1-18 or neglect has occurred, the department shall require the suspected
1-19 offender to leave the residence of the child rather than attempt to
1-20 remove the child from the residence.
1-21 (k) At the request of the family of a child for whom an
1-22 allegation of abuse is being investigated, the department shall
1-23 provide that an interview of the child be conducted by a qualified
1-24 psychologist who is not the same sex as the person alleged to have
2-1 committed the abuse.
2-2 SECTION 2. Subchapter A, Chapter 34, Family Code, is amended
2-3 by adding Sections 34.056-34.059 to read as follows:
2-4 Sec. 34.056. INVESTIGATION GUIDELINES. The department by
2-5 rule shall adopt guidelines to be followed by an investigator when
2-6 interviewing a child for whom an allegation of abuse or neglect is
2-7 being investigated.
2-8 Sec. 34.057. DOCUMENTATION AND MAINTENANCE OF EVIDENCE. (a)
2-9 The department shall document and maintain evidence obtained during
2-10 an investigation of the abuse or neglect of a child to ensure that
2-11 the evidence may be used in a proceeding that results from the
2-12 investigation.
2-13 (b) The department shall adopt rules providing standards for
2-14 the documentation and maintenance of evidence under this section.
2-15 Sec. 34.058. REVIEW TEAMS; OFFENSE. (a) The department
2-16 shall establish review teams composed of community representatives
2-17 and private citizens to evaluate department casework and decision-
2-18 making related to investigations by the department of child abuse.
2-19 The department may create a sufficient number of review teams to
2-20 accomplish the goals of this section.
2-21 (b) A review team consists of five members who serve
2-22 staggered two-year terms. Review team members are appointed as
2-23 follows:
2-24 (1) two members of each team are appointed by one or
2-25 more senators who represent a district for which the review team is
2-26 created;
2-27 (2) two members of each team are appointed by one or
3-1 more members of the house of representatives who represent a
3-2 district for which the review team is created; and
3-3 (3) one member of each team is selected by majority
3-4 vote of the commissioners court members for the counties for which
3-5 the review team is created.
3-6 (c) A review team conducting a review of an investigation
3-7 shall conduct the review by examining the facts of the case as
3-8 outlined by the department caseworker and law enforcement
3-9 personnel. The names of individuals involved in the investigation
3-10 are confidential.
3-11 (d) A member of a review team commits an offense if the
3-12 member discloses confidential information. An offense under this
3-13 subsection is a Class C misdemeanor.
3-14 Sec. 34.059. ENFORCEMENT TEAMS. The department shall
3-15 establish enforcement teams to ensure that the parties to a family
3-16 service agreement comply with the requirements of the agreement.
3-17 SECTION 3. (a) This Act takes effect September 1, 1995.
3-18 (b) The change in law made by this Act applies to an
3-19 investigation of the abuse or neglect of a child for which an
3-20 allegation is made to the Department of Protective and Regulatory
3-21 Services or a law enforcement agency on or after the effective date
3-22 of this Act. An investigation for which an allegation is made
3-23 before the effective date of this Act, is governed by the law in
3-24 effect at the time the allegation was made, and the former law is
3-25 continued in effect for that purpose.
3-26 SECTION 4. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.