By Brady H.B. No. 2569
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation of child abuse and the protection of
1-3 the interests of a child who is the subject of a child abuse
1-4 investigation or a suit affecting the parent-child relationship or
1-5 who is under the jurisdiction of the Department of Protective and
1-6 Regulatory Services.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Subchapter B, Chapter 262, Family Code, as added
1-9 by House Bill 655, Acts of the 74th Legislature, Regular Session,
1-10 1995, is amended by adding Section 262.111 to read as follows:
1-11 Sec. 262.111. EXPEDITED HEARING AND APPEAL. (a) The
1-12 Department of Protective and Regulatory Services is entitled to an
1-13 expedited hearing under this chapter in any proceeding in which a
1-14 hearing is required if the department determines that a child
1-15 should be removed from the child's home because of an immediate
1-16 danger to the physical health or safety of the child.
1-17 (b) In any proceeding in which an expedited hearing is held
1-18 under Subsection (a), the department, parent, or other interested
1-19 party is entitled to an expedited appeal on a ruling by a court
1-20 that the child may not be removed from the child's home.
1-21 (c) If a child is returned to the child's home after a
1-22 removal in which the department was entitled to an expedited
1-23 hearing under this section and the child is the subject of a
1-24 subsequent allegation of abuse or neglect, the department or any
2-1 other interested party is entitled to an expedited hearing on the
2-2 removal of the child from the child's home in the manner provided
2-3 by Subsection (a) and to an expedited appeal in the manner provided
2-4 by Subsection (b).
2-5 SECTION 2. Section 261.301, Family Code, as added by House
2-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
2-7 amended by adding Subsection (f) to read as follows:
2-8 (f) Notwithstanding any other provision of this chapter, an
2-9 investigation of an allegation of child abuse shall be conducted
2-10 jointly by an investigator from the department and the appropriate
2-11 local law enforcement agency.
2-12 SECTION 3. Subchapter D, Chapter 261, Family Code, as added
2-13 by House Bill 655, Acts of the 74th Legislature, Regular Session,
2-14 1995, is amended by adding Sections 261.312 and 261.313 to read as
2-15 follows:
2-16 Sec. 261.312. INVESTIGATION TRAINING. (a) The Commission
2-17 on Law Enforcement Officer Standards and Education shall provide
2-18 training in the investigation of child abuse and neglect.
2-19 (b) Each law enforcement agency in the state that has
2-20 responsibility for investigating allegations of child abuse or
2-21 neglect shall require that an adequate number of law enforcement
2-22 officers in the agency receive training provided under this
2-23 section.
2-24 Sec. 261.313. REVIEW TEAMS; OFFENSE. (a) The department
2-25 shall establish review teams to evaluate department casework and
2-26 decision-making related to investigations by the department of
2-27 child abuse or neglect. The department may create one or more
3-1 review teams for each region of the department for child protective
3-2 services. A review team is a citizen review panel or a similar
3-3 entity for the purposes of federal law relating to a state's child
3-4 protection standards.
3-5 (b) A review team consists of five members who serve
3-6 staggered two-year terms. Review team members are appointed by the
3-7 director of the department and consist of community representatives
3-8 and private citizens who live in the region for which the team is
3-9 established. Each member must be a parent who has not been
3-10 convicted of or indicted for an offense involving child abuse or
3-11 neglect, has not been determined by the department to have engaged
3-12 in child abuse or neglect, or is not under investigation by the
3-13 department for child abuse or neglect.
3-14 (c) A review team conducting a review of an investigation
3-15 shall conduct the review by examining the facts of the case as
3-16 outlined by the department caseworker and law enforcement
3-17 personnel. The names of individuals involved in the investigation
3-18 are confidential.
3-19 (d) A review team shall report to the department the results
3-20 of the team's review of an investigation. The review team's report
3-21 may not include confidential information. The findings contained
3-22 in a review team's report are subject to disclosure under Chapter
3-23 552, Government Code.
3-24 (e) A member of a review team commits an offense if the
3-25 member discloses confidential information. An offense under this
3-26 subsection is a Class C misdemeanor.
3-27 SECTION 4. Subchapter B, Chapter 262, Family Code, as added
4-1 by House Bill 655, Acts of the 74th Legislature, Regular Session,
4-2 1995, is amended by adding Section 262.1015 to read as follows:
4-3 Sec. 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE. (a)
4-4 If the department determines after an investigation that child
4-5 abuse has occurred and that the child would be protected in the
4-6 child's home by the removal of the alleged perpetrator of the
4-7 abuse, the department shall file a petition for the removal of the
4-8 alleged perpetrator from the residence of the child rather than
4-9 attempt to remove the child from the residence.
4-10 (b) A court may issue a temporary restraining order in a
4-11 suit by the department for the removal of an alleged perpetrator
4-12 under Subsection (a) if the department's petition states facts
4-13 sufficient to satisfy the court that:
4-14 (1) there is an immediate danger to the physical
4-15 health or safety of the child or the child has been a victim of
4-16 sexual abuse; and
4-17 (2) there is no time, consistent with the physical
4-18 health or safety of the child, for an adversary hearing.
4-19 (c) The notice requirements under Section 262.109 apply to a
4-20 proceeding under this section. The order shall be served on the
4-21 alleged perpetrator and on the parent or other adult with whom the
4-22 child will continue to reside.
4-23 (d) A temporary restraining order under this section shall
4-24 be issued for the same duration as an order under Section 262.103.
4-25 The requirements of an adversary hearing for the removal of a child
4-26 from the child's home under Subchapter C apply to the removal of an
4-27 alleged perpetrator under this section.
5-1 (e) A temporary restraining order under this section and any
5-2 other order requiring the removal of an alleged perpetrator from
5-3 the residence of a child shall require that the parent or other
5-4 adult with whom the child will continue to reside in the child's
5-5 home make a reasonable effort to monitor the residence and report
5-6 to the department and the appropriate law enforcement agency any
5-7 attempt by the alleged perpetrator to return to the residence.
5-8 (f) A person commits an offense if the person is a parent or
5-9 other person with whom a child resides, the person is served with
5-10 an order containing the requirement specified by Subsection (e),
5-11 and the person fails to make a reasonable effort to monitor the
5-12 residence of the child or to report to the department and the
5-13 appropriate law enforcement agency an attempt by the alleged
5-14 perpetrator to return to the residence. An offense under this
5-15 section is a Class A misdemeanor.
5-16 (g) A person commits an offense if, in violation of a court
5-17 order under this section, the person returns to the residence from
5-18 which the person was removed. An offense under this subsection is
5-19 a Class A misdemeanor, except that the offense is a felony of the
5-20 third degree if the person has previously been convicted under this
5-21 subsection.
5-22 SECTION 5. Subchapter A, Chapter 263, Family Code, as added
5-23 by House Bill 655, Acts of the 74th Legislature, Regular Session,
5-24 1995, is amended by adding Section 263.005 to read as follows:
5-25 Sec. 263.005. ENFORCEMENT TEAMS. The department shall
5-26 establish enforcement teams from existing department personnel to
5-27 ensure that the parties to a family service agreement comply with
6-1 the agreement.
6-2 SECTION 6. Subchapter A, Chapter 264, Family Code, as added
6-3 by House Bill 655, Acts of the 74th Legislature, Regular Session,
6-4 1995, is amended by adding Section 264.010 to read as follows:
6-5 Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF
6-6 FUNDS. (a) Funds appropriated for protective services, child and
6-7 family services, and the purchased service system for the
6-8 department may only be spent on or after March 1, 1996, in a county
6-9 that provides the department with a child abuse prevention and
6-10 protection plan.
6-11 (b) A child abuse prevention and protection plan may be
6-12 submitted by the governing body of a county or of a regional
6-13 council of governments in which the county is an active
6-14 participant.
6-15 (c) The department may not require a child abuse prevention
6-16 and protection plan to exceed five double-spaced letter-size pages.
6-17 The county or council of governments may voluntarily provide a
6-18 longer plan.
6-19 (d) A child abuse prevention and protection plan must:
6-20 (1) specify the manner of communication between
6-21 entities who are parties to the plan, including the department, the
6-22 Texas Department of Human Services, local law enforcement agencies,
6-23 the county and district attorneys, members of the medical and
6-24 social service community, foster parents, and child advocacy
6-25 groups; and
6-26 (2) provide other information concerning the
6-27 prevention and investigation of child abuse in the area for which
7-1 the plan is adopted.
7-2 SECTION 7. Subchapter D, Chapter 261, Family Code, as added
7-3 by House Bill 655, Acts of the 74th Legislature, Regular Session,
7-4 1995, is amended by adding Section 261.314 to read as follows:
7-5 Sec. 261.314. TESTING. (a) The department shall provide
7-6 testing as necessary for the welfare of a child who the department
7-7 believes, after an investigation under this chapter, has been
7-8 sexually abused, including human immunodeficiency virus (HIV)
7-9 testing of a child who was abused in a manner by which HIV may be
7-10 transmitted.
7-11 (b) Except as provided by Subsection (c), the results of a
7-12 test under this section are confidential.
7-13 (c) If requested, the department shall report the results of
7-14 a test under this section to:
7-15 (1) a court having jurisdiction of a proceeding
7-16 involving the child or a proceeding involving a person suspected of
7-17 abusing the child;
7-18 (2) a person responsible for the care and custody of
7-19 the child as a foster parent; and
7-20 (3) a person seeking to adopt the child.
7-21 SECTION 8. Subchapter B, Chapter 264, Family Code, as added
7-22 by House Bill 655, Acts of the 74th Legislature, Regular Session,
7-23 1995, is amended by adding Section 264.109 to read as follows:
7-24 Sec. 264.109. ADOPTIVE PARENT REGISTRY. (a) The department
7-25 shall establish a registry of persons who are willing to accept
7-26 foster care placement of a child in the care of the department.
7-27 The child may be placed temporarily with a person registered under
8-1 this section pending termination of the parent-child relationship
8-2 with regard to the child or for any period during which the child
8-3 is removed from the child's home.
8-4 (b) A person registered under this section must satisfy
8-5 requirements adopted by rule by the department.
8-6 (c) The department shall maintain a list of persons
8-7 registered under this section and shall make a reasonable effort to
8-8 place a child with the first available qualified person on the list
8-9 if a qualified extended family member is not available for the
8-10 child.
8-11 (d) Before a child may be placed with a person under this
8-12 section, the person must sign a written statement in which the
8-13 person agrees to the immediate removal of the child by the
8-14 department under circumstances determined by the department.
8-15 (e) A person registered under this section is not entitled
8-16 to compensation during the time the child is placed in the person's
8-17 home but may receive support services provided for the child by the
8-18 department.
8-19 (f) A person registered under this section has the right of
8-20 first refusal for the adoption of a child placed in the person's
8-21 home if the parent-child relationship is terminated with regard to
8-22 the child.
8-23 (g) The department may refuse to place a child with a person
8-24 registered under this section only for a reason permitted under
8-25 criteria adopted by department rule.
8-26 (h) The department shall make the public aware of the
8-27 existence and benefits of the adoptive parent registry through
9-1 appropriate existing department communication methods.
9-2 SECTION 9. Subchapter C, Chapter 264, Family Code, as added
9-3 by House Bill 655, Acts of the 74th Legislature, Regular Session,
9-4 1995, is amended by adding Section 264.205 to read as follows:
9-5 Sec. 264.205. SWIFT ADOPTION TEAMS. (a) The department
9-6 shall develop swift adoption teams to expedite the process of
9-7 placing a child under the jurisdiction of the department for
9-8 adoption.
9-9 (b) A swift adoption team shall consist of department
9-10 personnel who shall operate under policies adopted by rule by the
9-11 department. The department shall set priorities for the allocation
9-12 of department resources to enable a swift adoption team to operate
9-13 successfully under the policies adopted under this subsection.
9-14 (c) The department shall, using a system of measurement
9-15 developed by the department, report to the legislature on the
9-16 success of swift adoption teams in expediting the administrative
9-17 procedures and the length of time in placing children for adoption.
9-18 The report shall include recommendations by the department
9-19 concerning legislation that would enable the department to further
9-20 improve adoption placements. The department shall report under
9-21 this section on or before December 1 of each even-numbered year.
9-22 SECTION 10. Section 107.002, Family Code, as added by House
9-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
9-24 amended by adding Subsection (e) to read as follows:
9-25 (e) A court is not required under this section to appoint an
9-26 attorney ad litem in a proceeding in which:
9-27 (1) a suit for the dissolution of a marriage is
10-1 uncontested; or
10-2 (2) the issues of possession of and access to a child
10-3 are agreed to by both parents.
10-4 SECTION 11. Chapter 107, Family Code, as added by House Bill
10-5 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-6 amended by adding Section 107.006 to read as follows:
10-7 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
10-8 QUALIFICATIONS. (a) The local administrative district judge in
10-9 each county in the Department of Protective and Regulatory Services
10-10 region for child protective services that contains Harris County
10-11 shall establish and a local administrative district judge in any
10-12 other county may establish a pool from which guardians ad litem and
10-13 attorneys ad litem are appointed for proceedings in the district
10-14 courts of the county. To be eligible for the pool established
10-15 under this subsection, a person must:
10-16 (1) complete training provided by the State Bar of
10-17 Texas in family law and the responsibilities of ad litems;
10-18 (2) complete as part of the person's annual continuing
10-19 legal education requirement not fewer than three hours in family
10-20 law issues; and
10-21 (3) meet other requirements established by the local
10-22 administrative district judge.
10-23 (b) Before appointment as a guardian ad litem or an attorney
10-24 ad litem, the person must have read, acknowledged by signing, and
10-25 filed with the local administrative judge a written statement
10-26 prepared by the local administrative district judge that lists the
10-27 responsibilities of an ad litem, some or all of which may be
11-1 appropriate to the person's specific case. The court shall retain
11-2 a copy of the acknowledgment for two years. To continue to receive
11-3 appointments under this section, the person must execute a new
11-4 statement at least every two years.
11-5 (c) A party to a proceeding in which a person is appointed
11-6 as a guardian ad litem or an attorney ad litem may object to
11-7 appointment of the person at any time before the date of the trial
11-8 of the proceeding. A party may object under this subsection on the
11-9 grounds that the party believes that the person appointed lacks
11-10 objectivity or is failing to fulfill the person's responsibilities
11-11 as an ad litem as outlined in the written statement of ad litem
11-12 responsibilities.
11-13 (d) A person appointed as a guardian ad litem or attorney ad
11-14 litem shall complete and submit to the court a voucher or claim for
11-15 payment that includes the fees charged and hours worked by the ad
11-16 litem. Information submitted under this section is subject to
11-17 disclosure under Chapter 552, Government Code.
11-18 (e) The Bureau of Vital Statistics may compile information
11-19 submitted under Subsection (d) for a county that maintains that
11-20 information on an electronic database. On the request of the
11-21 bureau, the county shall provide the information. Information
11-22 compiled by the bureau under this section shall be made available
11-23 to the Department of Protective and Regulatory Services.
11-24 SECTION 12. This Act takes effect September 1, 1995, and
11-25 applies to a proceeding in which an investigation of the abuse of a
11-26 child is pending on or after that date.
11-27 SECTION 13. The importance of this legislation and the
12-1 crowded condition of the calendars in both houses create an
12-2 emergency and an imperative public necessity that the
12-3 constitutional rule requiring bills to be read on three several
12-4 days in each house be suspended, and this rule is hereby suspended.