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.