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.