H.B. No. 2569
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; providing penalties.
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, guardian, or other
1-19 party to the proceeding is entitled to an expedited appeal on a
1-20 ruling by a court that the child may not be removed from the
1-21 child's home.
1-22 (c) If a child is returned to the child's home after a
1-23 removal in which the department was entitled to an expedited
1-24 hearing under this section and the child is the subject of a
2-1 subsequent allegation of abuse or neglect, the department or any
2-2 other interested party is entitled to an expedited hearing on the
2-3 removal of the child from the child's home in the manner provided
2-4 by Subsection (a) and to an expedited appeal in the manner provided
2-5 by Subsection (b).
2-6 SECTION 2. Section 261.301, Family Code, as added by House
2-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
2-8 amended by adding Subsections (f) and (g) to read as follows:
2-9 (f) An investigation of a report to the department of
2-10 serious physical or sexual abuse of a child shall be conducted
2-11 jointly by an investigator from the appropriate local law
2-12 enforcement agency and the department or agency responsible for
2-13 conducting an investigation under Subchapter E.
2-14 (g) The inability or unwillingness of a local law
2-15 enforcement agency to conduct a joint investigation under
2-16 Subsection (f) does not constitute grounds to prevent or prohibit
2-17 the department from performing its duties under this subtitle. The
2-18 department shall document any instance in which a law enforcement
2-19 agency is unable or unwilling to conduct a joint investigation
2-20 under Subsection (f).
2-21 SECTION 3. Subchapter D, Chapter 261, Family Code, as added
2-22 by House Bill 655, Acts of the 74th Legislature, Regular Session,
2-23 1995, is amended by adding Section 261.312 to read as follows:
2-24 Sec. 261.312. 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. A member of a review team
3-14 is a department volunteer for the purposes of Section 411.114,
3-15 Government Code.
3-16 (c) A review team conducting a review of an investigation
3-17 may conduct the review by examining the facts of the case as
3-18 outlined by the department caseworker and law enforcement
3-19 personnel. In providing information to a review team, the
3-20 department may not disclose the identity of a person who reports
3-21 abuse or neglect or of another individual involved in the
3-22 investigation. Information regarding the identity of a person who
3-23 reports abuse or neglect and of any other individual involved in
3-24 the investigation of a report is confidential.
3-25 (d) A review team shall report to the department the results
3-26 of the team's review of an investigation. The review team's report
3-27 may not include confidential information. The findings contained
4-1 in a review team's report are subject to disclosure under Chapter
4-2 552, Government Code. This section does not require a law
4-3 enforcement agency to divulge information to a review team that the
4-4 agency believes would compromise an ongoing criminal case,
4-5 investigation, or proceeding.
4-6 (e) A member of a review team commits an offense if the
4-7 member discloses confidential information. An offense under this
4-8 subsection is a Class C misdemeanor.
4-9 SECTION 4. Subchapter B, Chapter 262, Family Code, as added
4-10 by House Bill 655, Acts of the 74th Legislature, Regular Session,
4-11 1995, is amended by adding Section 262.1015 to read as follows:
4-12 Sec. 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE. (a)
4-13 If the department determines after an investigation that child
4-14 abuse has occurred and that the child would be protected in the
4-15 child's home by the removal of the alleged perpetrator of the
4-16 abuse, the department shall file a petition for the removal of the
4-17 alleged perpetrator from the residence of the child rather than
4-18 attempt to remove the child from the residence.
4-19 (b) A court may issue a temporary restraining order in a
4-20 suit by the department for the removal of an alleged perpetrator
4-21 under Subsection (a) if the department's petition states facts
4-22 sufficient to satisfy the court that:
4-23 (1) there is an immediate danger to the physical
4-24 health or safety of the child or the child has been a victim of
4-25 sexual abuse;
4-26 (2) there is no time, consistent with the physical
4-27 health or safety of the child, for an adversary hearing;
5-1 (3) the child is not in danger of abuse from a parent
5-2 or other adult with whom the child will continue to reside in the
5-3 residence of the child; and
5-4 (4) the issuance of the order is in the best interest
5-5 of the child.
5-6 (c) The notice requirements under Section 262.109 apply to a
5-7 proceeding under this section. The order shall be served on the
5-8 alleged perpetrator and on the parent or other adult with whom the
5-9 child will continue to reside.
5-10 (d) A temporary restraining order under this section expires
5-11 not later than the 10th day after the date the order was rendered.
5-12 The requirements of an adversary hearing for the removal of a child
5-13 from the child's home under Subchapter C apply to the removal of an
5-14 alleged perpetrator under this section.
5-15 (e) A temporary restraining order under this section and any
5-16 other order requiring the removal of an alleged perpetrator from
5-17 the residence of a child shall require that the parent or other
5-18 adult with whom the child will continue to reside in the child's
5-19 home make a reasonable effort to monitor the residence and report
5-20 to the department and the appropriate law enforcement agency any
5-21 attempt by the alleged perpetrator to return to the residence.
5-22 (f) A person commits an offense if the person is a parent or
5-23 other person with whom a child resides, the person is served with
5-24 an order containing the requirement specified by Subsection (e),
5-25 and the person fails to make a reasonable effort to monitor the
5-26 residence of the child or to report to the department and the
5-27 appropriate law enforcement agency an attempt by the alleged
6-1 perpetrator to return to the residence. An offense under this
6-2 section is a Class A misdemeanor.
6-3 (g) A person commits an offense if, in violation of a court
6-4 order under this section, the person returns to the residence of
6-5 the child the person is alleged to have abused. An offense under
6-6 this subsection is a Class A misdemeanor, except that the offense
6-7 is a felony of the third degree if the person has previously been
6-8 convicted under this subsection.
6-9 SECTION 5. Subchapter A, Chapter 263, Family Code, as added
6-10 by House Bill 655, Acts of the 74th Legislature, Regular Session,
6-11 1995, is amended by adding Section 263.005 to read as follows:
6-12 Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. The
6-13 department shall designate existing department personnel to ensure
6-14 that the parties to a family service plan comply with the plan.
6-15 SECTION 6. Subchapter A, Chapter 264, Family Code, as added
6-16 by House Bill 655, Acts of the 74th Legislature, Regular Session,
6-17 1995, is amended by adding Section 264.010 to read as follows:
6-18 Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF
6-19 FUNDS. (a) Funds appropriated for protective services, child and
6-20 family services, and the purchased service system for the
6-21 department may only be spent on or after March 1, 1996, in a county
6-22 that provides the department with a child abuse prevention and
6-23 protection plan. If a plan is not submitted to the department
6-24 under this section, the department shall document the county's
6-25 failure to submit a plan and may spend appropriated funds in the
6-26 county to carry out the department's duties under this subtitle.
6-27 (b) A child abuse prevention and protection plan may be
7-1 submitted by the governing body of a county or of a regional
7-2 council of governments in which the county is an active
7-3 participant.
7-4 (c) The department may not require a child abuse prevention
7-5 and protection plan to exceed five double-spaced letter-size pages.
7-6 The county or council of governments may voluntarily provide a
7-7 longer plan.
7-8 (d) A child abuse prevention and protection plan must:
7-9 (1) specify the manner of communication between
7-10 entities who are parties to the plan, including the department, the
7-11 Texas Department of Human Services, local law enforcement agencies,
7-12 the county and district attorneys, members of the medical and
7-13 social service community, foster parents, and child advocacy
7-14 groups; and
7-15 (2) provide other information concerning the
7-16 prevention and investigation of child abuse in the area for which
7-17 the plan is adopted.
7-18 SECTION 7. Subchapter D, Chapter 261, Family Code, as added
7-19 by House Bill 655, Acts of the 74th Legislature, Regular Session,
7-20 1995, is amended by adding Section 261.314 to read as follows:
7-21 Sec. 261.314. TESTING. (a) The department shall provide
7-22 testing as necessary for the welfare of a child who the department
7-23 believes, after an investigation under this chapter, has been
7-24 sexually abused, including human immunodeficiency virus (HIV)
7-25 testing of a child who was abused in a manner by which HIV may be
7-26 transmitted.
7-27 (b) Except as provided by Subsection (c), the results of a
8-1 test under this section are confidential.
8-2 (c) If requested, the department shall report the results of
8-3 a test under this section to:
8-4 (1) a court having jurisdiction of a proceeding
8-5 involving the child or a proceeding involving a person suspected of
8-6 abusing the child;
8-7 (2) a person responsible for the care and custody of
8-8 the child as a foster parent; and
8-9 (3) a person seeking to adopt the child.
8-10 SECTION 8. Subchapter B, Chapter 264, Family Code, as added
8-11 by House Bill 655, Acts of the 74th Legislature, Regular Session,
8-12 1995, is amended by adding Section 264.109 to read as follows:
8-13 Sec. 264.109. ADOPTIVE PARENT REGISTRY. (a) The department
8-14 shall establish a registry of persons who are willing to accept
8-15 foster care placement of a child in the care of the department.
8-16 The child may be placed temporarily with a person registered under
8-17 this section pending termination of the parent-child relationship.
8-18 (b) A person registered under this section must satisfy
8-19 requirements adopted by rule by the department.
8-20 (c) The department shall maintain a list of persons
8-21 registered under this section and shall make a reasonable effort to
8-22 place a child with the first available qualified person on the list
8-23 if a qualified extended family member is not available for the
8-24 child.
8-25 (d) Before a child may be placed with a person under this
8-26 section, the person must sign a written statement in which the
8-27 person agrees to the immediate removal of the child by the
9-1 department under circumstances determined by the department.
9-2 (e) A person registered under this section is not entitled
9-3 to compensation during the time the child is placed in the person's
9-4 home but may receive support services provided for the child by the
9-5 department.
9-6 (f) A person registered under this section has the right to
9-7 be considered first for the adoption of a child placed in the
9-8 person's home if the parent-child relationship is terminated with
9-9 regard to the child.
9-10 (g) The department may refuse to place a child with a person
9-11 registered under this section only for a reason permitted under
9-12 criteria adopted by department rule.
9-13 (h) The department shall make the public aware of the
9-14 existence and benefits of the adoptive parent registry through
9-15 appropriate existing department communication methods.
9-16 SECTION 9. Subchapter C, Chapter 264, Family Code, as added
9-17 by House Bill 655, Acts of the 74th Legislature, Regular Session,
9-18 1995, is amended by adding Section 264.205 to read as follows:
9-19 Sec. 264.205. SWIFT ADOPTION TEAMS. (a) The department
9-20 shall develop swift adoption teams to expedite the process of
9-21 placing a child under the jurisdiction of the department for
9-22 adoption.
9-23 (b) A swift adoption team shall consist of department
9-24 personnel who shall operate under policies adopted by rule by the
9-25 department. The department shall set priorities for the allocation
9-26 of department resources to enable a swift adoption team to operate
9-27 successfully under the policies adopted under this subsection.
10-1 (c) The department shall, using a system of measurement
10-2 developed by the department, report to the legislature on the
10-3 success of swift adoption teams in expediting the administrative
10-4 procedures and the length of time in placing children for adoption.
10-5 The report shall include recommendations by the department
10-6 concerning legislation that would enable the department to further
10-7 improve adoption placements. The department shall report under
10-8 this section on or before December 1 of each even-numbered year.
10-9 SECTION 10. Section 107.002, Family Code, as added by House
10-10 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-11 amended by adding Subsection (e) to read as follows:
10-12 (e) A court is not required under this section to appoint an
10-13 attorney ad litem in a proceeding in which:
10-14 (1) a suit for the dissolution of a marriage is
10-15 uncontested; or
10-16 (2) the issues of possession of and access to a child
10-17 are agreed to by both parents.
10-18 SECTION 11. Chapter 107, Family Code, as added by House Bill
10-19 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-20 amended by adding Section 107.006 to read as follows:
10-21 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
10-22 QUALIFICATIONS. (a) The local administrative district judge in
10-23 each county in a Department of Protective and Regulatory Services
10-24 region for child protective services that contains a county having
10-25 a population of 2.8 million or more shall establish a pool from
10-26 which guardians ad litem and attorneys ad litem are appointed for
10-27 proceedings in the district courts of the county. A local
11-1 administrative district judge in any other county may establish a
11-2 pool from which guardians ad litem and attorneys ad litem are
11-3 appointed for proceedings in the district courts of that county.
11-4 To be eligible for a pool established under this subsection, a
11-5 person must:
11-6 (1) complete training provided by the State Bar of
11-7 Texas in family law and the responsibilities of ad litems;
11-8 (2) complete as part of the person's annual continuing
11-9 legal education requirement not fewer than three hours in family
11-10 law issues; and
11-11 (3) meet other requirements established by the local
11-12 administrative district judge.
11-13 (b) Before appointment as a guardian ad litem or an attorney
11-14 ad litem, the person must have read, acknowledged by signing, and
11-15 filed with the local administrative judge a written statement
11-16 prepared by the local administrative district judge that lists the
11-17 responsibilities of an ad litem, some or all of which may be
11-18 appropriate to the person's specific case. The court shall retain
11-19 a copy of the acknowledgment for two years. To continue to receive
11-20 appointments under this section, the person must execute a new
11-21 statement at least every two years.
11-22 (c) A party to a proceeding in which a person is appointed
11-23 as a guardian ad litem or an attorney ad litem may object to
11-24 appointment of the person at any time before the date of the trial
11-25 of the proceeding. A party may object under this subsection on the
11-26 grounds that the party believes that the person appointed lacks
11-27 objectivity or is failing to fulfill the person's responsibilities
12-1 as an ad litem as outlined in the written statement of ad litem
12-2 responsibilities. The court shall promptly rule on an objection
12-3 raised under this subsection and shall order the removal of the
12-4 guardian ad litem or attorney ad litem if the court finds that the
12-5 objection is reasonable.
12-6 (d) A person appointed as a guardian ad litem or attorney ad
12-7 litem shall complete and submit to the court a voucher or claim for
12-8 payment that includes the fees charged and hours worked by the ad
12-9 litem. Information submitted under this section is subject to
12-10 disclosure under Chapter 552, Government Code.
12-11 (e) The Bureau of Vital Statistics may compile information
12-12 submitted under Subsection (d) for a county that maintains that
12-13 information on an electronic database. On the request of the
12-14 bureau, the county shall provide the information. Information
12-15 compiled by the bureau under this section shall be made available
12-16 to the Department of Protective and Regulatory Services.
12-17 SECTION 12. Section 772.007, Government Code, is transferred
12-18 to Subtitle E, Title 5, Family Code, as added by House Bill 655,
12-19 Acts of the 74th Legislature, Regular Session, 1995, redesignated
12-20 as Subchapter H, Chapter 264, and amended to read as follows:
12-21 SUBCHAPTER H. CHILD ABUSE PROGRAM EVALUATION
12-22 Sec. 264.701 <772.007>. <GOVERNOR'S> CHILD ABUSE PROGRAM
12-23 EVALUATION COMMITTEE. (a) The Child Abuse Program Evaluation
12-24 Committee is established within the Department of Protective and
12-25 Regulatory Services <office of the governor>.
12-26 (b) The committee is appointed by the Board of Protective
12-27 and Regulatory Services <governor with the advice and consent of
13-1 the senate> and is composed of the following 15 members:
13-2 (1) an officer or employee of the Central Education
13-3 Agency;
13-4 (2) an officer or employee of the <Texas> Department
13-5 of Protective and Regulatory <Human> Services;
13-6 (3) an officer or employee of the Texas Juvenile
13-7 Probation Commission;
13-8 (4) an officer or employee of the Texas Department of
13-9 Mental Health and Mental Retardation;
13-10 (5) an officer or employee <a member> of the
13-11 Children's Trust Fund of Texas Council <on Child Abuse and Neglect
13-12 Prevention>;
13-13 (6) an officer or employee <a member> of the Health
13-14 and Human Services Commission <commission>;
13-15 (7) three members of the public who have knowledge of
13-16 and experience in the area of delivery of services relating to
13-17 child abuse and neglect;
13-18 (8) three members of the public who have knowledge of
13-19 and experience in the area of evaluation of programs relating to
13-20 the prevention and treatment of child abuse and neglect; and
13-21 (9) three members of the public who are or have been
13-22 recipients of services relating to the prevention or treatment of
13-23 child abuse or neglect.
13-24 (c) In appointing members to the committee under Subsection
13-25 (b)(9), the board shall consider appointing:
13-26 (1) an adult who as a child was a recipient of
13-27 services relating to the prevention or treatment of child abuse or
14-1 neglect; and
14-2 (2) a custodial and a noncustodial parent of a child
14-3 who is or was a recipient of services relating to the prevention or
14-4 treatment of child abuse or neglect.
14-5 (d) <(c)> A committee member appointed to represent a state
14-6 agency or entity <council> serves at the pleasure of the board
14-7 <governor> or until termination of the person's employment or
14-8 membership with the agency or entity <council>. The public members
14-9 serve staggered six-year terms, with the terms of three public
14-10 members expiring on September <February> 1 of each even-numbered
14-11 <odd-numbered> year.
14-12 (e) <(d)> A member of the committee serves without
14-13 compensation. A public member is entitled to reimbursement for
14-14 travel expenses and per diem as provided by the General
14-15 Appropriations Act.
14-16 (f) <(e)> The committee shall elect from its members a
14-17 presiding officer and any other officers considered necessary.
14-18 (g) <(f)> Appointments to the committee shall be made
14-19 without regard to the race, color, handicap, sex, religion, age, or
14-20 national origin of an appointee.
14-21 (h) <(g)> The committee shall:
14-22 (1) develop and adopt policies and procedures
14-23 governing the system each state agency uses to evaluate the
14-24 effectiveness of programs to prevent or treat child abuse or
14-25 neglect with which the agency contracts;
14-26 (2) develop and adopt standard definitions of "child
14-27 abuse treatment" and "child abuse prevention" to be used in
15-1 implementing and administering the evaluation system created under
15-2 this subchapter <section>;
15-3 (3) develop and adopt standard models and guidelines
15-4 for prevention and treatment of child abuse to be used in
15-5 implementing and administering the evaluation system created under
15-6 this subchapter;
15-7 (4) develop and adopt, in cooperation with each
15-8 affected state agency, a schedule for each agency's adoption and
15-9 implementation of the committee's evaluation system that considers
15-10 each agency's budget cycle;
15-11 (5) <(4)> develop and adopt a standard report form and
15-12 a reporting schedule for the affected agencies;
15-13 (6) <(5)> develop and adopt objective criteria by
15-14 which the performance of child abuse programs may be measured after
15-15 reports under this subchapter <section> are submitted and
15-16 evaluated; and
15-17 (7) <(6)> report annually to the Board of Protective
15-18 and Regulatory Services <Governor's Interagency Council on Health
15-19 and Human Services>, governor, lieutenant governor, and speaker of
15-20 the house of representatives on the results of the committee's
15-21 evaluation process.
15-22 (i) <(h)> In adopting an evaluation system under this
15-23 subchapter <section>, the committee shall allow the affected
15-24 agencies as much latitude as possible in:
15-25 (1) the methods used to collect the required data; and
15-26 (2) the timetable for full implementation of the
15-27 system, allowing for gradual implementation of the system according
16-1 to classes of program providers.
16-2 (j) <(i)> Each agency that contracts with a public or
16-3 private entity for services relating to a program for the
16-4 prevention or treatment of child abuse or neglect shall adopt and
16-5 implement the committee's evaluation system and shall report to the
16-6 committee as required by this subchapter <section>.
16-7 SECTION 13. (a) This Act takes effect September 1, 1995,
16-8 and applies to a proceeding in which an investigation of the abuse
16-9 of a child is pending on or after that date.
16-10 (b) Not later than January 1, 1996, the Board of Protective
16-11 and Regulatory Services shall make appointments to the Child Abuse
16-12 Program Evaluation Committee that are necessary to accomplish the
16-13 change in the committee's composition required by Subchapter H,
16-14 Chapter 264, Family Code, as added by this Act. A public member of
16-15 the committee serving on the effective date of this Act shall serve
16-16 the remainder of the member's appointed term.
16-17 (c) The term of a public member of the Child Abuse Program
16-18 Evaluation Committee whose term before the enactment of this Act
16-19 was to expire on February 1, 1997, shall expire on September 1,
16-20 1996.
16-21 (d) The term of a public member of the Child Abuse Program
16-22 Evaluation Committee whose term before the enactment of this Act
16-23 was to expire on February 1, 1999, shall expire on September 1,
16-24 1998.
16-25 (e) The term of a public member of the Child Abuse Program
16-26 Evaluation Committee whose term before the enactment of this Act
16-27 was to expire on February 1, 2001, shall expire on September 1,
17-1 2000.
17-2 SECTION 14. The importance of this legislation and the
17-3 crowded condition of the calendars in both houses create an
17-4 emergency and an imperative public necessity that the
17-5 constitutional rule requiring bills to be read on three several
17-6 days in each house be suspended, and this rule is hereby suspended.