1-1 By: Brady (Senate Sponsor - Harris) H.B. No. 2569
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 16, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2569 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the investigation of child abuse and the protection of
1-11 the interests of a child who is the subject of a child abuse
1-12 investigation or a suit affecting the parent-child relationship or
1-13 who is under the jurisdiction of the Department of Protective and
1-14 Regulatory Services; providing penalties.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Subchapter B, Chapter 262, Family Code, as added
1-17 by House Bill 655, Acts of the 74th Legislature, Regular Session,
1-18 1995, is amended by adding Section 262.111 to read as follows:
1-19 Sec. 262.111. EXPEDITED HEARING AND APPEAL. (a) The
1-20 Department of Protective and Regulatory Services is entitled to an
1-21 expedited hearing under this chapter in any proceeding in which a
1-22 hearing is required if the department determines that a child
1-23 should be removed from the child's home because of an immediate
1-24 danger to the physical health or safety of the child.
1-25 (b) In any proceeding in which an expedited hearing is held
1-26 under Subsection (a), the department, parent, guardian, or other
1-27 party to the proceeding is entitled to an expedited appeal on a
1-28 ruling by a court that the child may not be removed from the
1-29 child's home.
1-30 (c) If a child is returned to the child's home after a
1-31 removal in which the department was entitled to an expedited
1-32 hearing under this section and the child is the subject of a
1-33 subsequent allegation of abuse or neglect, the department or any
1-34 other interested party is entitled to an expedited hearing on the
1-35 removal of the child from the child's home in the manner provided
1-36 by Subsection (a) and to an expedited appeal in the manner provided
1-37 by Subsection (b).
1-38 SECTION 2. Section 261.301, Family Code, as added by House
1-39 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-40 amended by adding Subsections (f) and (g) to read as follows:
1-41 (f) Notwithstanding any other provision of this chapter, an
1-42 investigation of a report to the department of serious physical or
1-43 sexual abuse of a child shall be conducted jointly by an
1-44 investigator from the appropriate local law enforcement agency and
1-45 the department or agency responsible for conducting an
1-46 investigation under Subchapter E.
1-47 (g) The inability or unwillingness of a local law
1-48 enforcement agency to conduct a joint investigation under
1-49 Subsection (f) does not constitute grounds to prevent or prohibit
1-50 the department from performing its duties under this subtitle.
1-51 SECTION 3. Subchapter D, Chapter 261, Family Code, as added
1-52 by House Bill 655, Acts of the 74th Legislature, Regular Session,
1-53 1995, is amended by adding Sections 261.312 and 261.313 to read as
1-54 follows:
1-55 Sec. 261.312. INVESTIGATION TRAINING. (a) The Commission
1-56 on Law Enforcement Officer Standards and Education shall provide
1-57 training in the investigation of child abuse and neglect.
1-58 (b) Each law enforcement agency in the state that has
1-59 responsibility for investigating allegations of child abuse or
1-60 neglect shall require that an adequate number of law enforcement
1-61 officers in the agency receive training provided under this
1-62 section.
1-63 Sec. 261.313. REVIEW TEAMS; OFFENSE. (a) The department
1-64 shall establish review teams to evaluate department casework and
1-65 decision-making related to investigations by the department of
1-66 child abuse or neglect. The department may create one or more
1-67 review teams for each region of the department for child protective
1-68 services. A review team is a citizen review panel or a similar
2-1 entity for the purposes of federal law relating to a state's child
2-2 protection standards.
2-3 (b) A review team consists of five members who serve
2-4 staggered two-year terms. Review team members are appointed by the
2-5 director of the department and consist of community representatives
2-6 and private citizens who live in the region for which the team is
2-7 established. Each member must be a parent who has not been
2-8 convicted of or indicted for an offense involving child abuse or
2-9 neglect, has not been determined by the department to have engaged
2-10 in child abuse or neglect, or is not under investigation by the
2-11 department for child abuse or neglect. A member of a review team
2-12 is a department volunteer for the purposes of Section 411.114,
2-13 Government Code.
2-14 (c) A review team conducting a review of an investigation
2-15 may conduct the review by examining the facts of the case as
2-16 outlined by the department caseworker and law enforcement
2-17 personnel. In providing information to a review team, the
2-18 department may not disclose the identity of a person who reports
2-19 abuse or neglect or of another individual involved in the
2-20 investigation. Information regarding the identity of a person who
2-21 reports abuse or neglect and of any other individual involved in
2-22 the investigation of a report is confidential.
2-23 (d) A review team shall report to the department the results
2-24 of the team's review of an investigation. The review team's report
2-25 may not include confidential information. The findings contained
2-26 in a review team's report are subject to disclosure under Chapter
2-27 552, Government Code.
2-28 (e) A member of a review team commits an offense if the
2-29 member discloses confidential information. An offense under this
2-30 subsection is a Class C misdemeanor.
2-31 SECTION 4. Subchapter B, Chapter 262, Family Code, as added
2-32 by House Bill 655, Acts of the 74th Legislature, Regular Session,
2-33 1995, is amended by adding Section 262.1015 to read as follows:
2-34 Sec. 262.1015. REMOVAL OF ALLEGED PERPETRATOR; OFFENSE. (a)
2-35 If the department determines after an investigation that child
2-36 abuse has occurred and that the child would be protected in the
2-37 child's home by the removal of the alleged perpetrator of the
2-38 abuse, the department shall file a petition for the removal of the
2-39 alleged perpetrator from the residence of the child rather than
2-40 attempt to remove the child from the residence.
2-41 (b) A court may issue a temporary restraining order in a
2-42 suit by the department for the removal of an alleged perpetrator
2-43 under Subsection (a) if the department's petition states facts
2-44 sufficient to satisfy the court that:
2-45 (1) there is an immediate danger to the physical
2-46 health or safety of the child or the child has been a victim of
2-47 sexual abuse; and
2-48 (2) there is no time, consistent with the physical
2-49 health or safety of the child, for an adversary hearing.
2-50 (c) The notice requirements under Section 262.109 apply to a
2-51 proceeding under this section. The order shall be served on the
2-52 alleged perpetrator and on the parent or other adult with whom the
2-53 child will continue to reside.
2-54 (d) A temporary restraining order under this section shall
2-55 be issued for the same duration as an order under Section 262.103.
2-56 The requirements of an adversary hearing for the removal of a child
2-57 from the child's home under Subchapter C apply to the removal of an
2-58 alleged perpetrator under this section.
2-59 (e) A temporary restraining order under this section and any
2-60 other order requiring the removal of an alleged perpetrator from
2-61 the residence of a child shall require that the parent or other
2-62 adult with whom the child will continue to reside in the child's
2-63 home make a reasonable effort to monitor the residence and report
2-64 to the department and the appropriate law enforcement agency any
2-65 attempt by the alleged perpetrator to return to the residence.
2-66 (f) A person commits an offense if the person is a parent or
2-67 other person with whom a child resides, the person is served with
2-68 an order containing the requirement specified by Subsection (e),
2-69 and the person fails to make a reasonable effort to monitor the
2-70 residence of the child or to report to the department and the
3-1 appropriate law enforcement agency an attempt by the alleged
3-2 perpetrator to return to the residence. An offense under this
3-3 section is a Class A misdemeanor.
3-4 (g) A person commits an offense if, in violation of a court
3-5 order under this section, the person returns to the residence from
3-6 which the person was removed. An offense under this subsection is
3-7 a Class A misdemeanor, except that the offense is a felony of the
3-8 third degree if the person has previously been convicted under this
3-9 subsection.
3-10 SECTION 5. Subchapter A, Chapter 263, Family Code, as added
3-11 by House Bill 655, Acts of the 74th Legislature, Regular Session,
3-12 1995, is amended by adding Section 263.005 to read as follows:
3-13 Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. The
3-14 department shall designate existing department personnel to ensure
3-15 that the parties to a family service plan comply with the plan.
3-16 SECTION 6. Subchapter A, Chapter 264, Family Code, as added
3-17 by House Bill 655, Acts of the 74th Legislature, Regular Session,
3-18 1995, is amended by adding Section 264.010 to read as follows:
3-19 Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF
3-20 FUNDS. (a) Funds appropriated for protective services, child and
3-21 family services, and the purchased service system for the
3-22 department may only be spent on or after March 1, 1996, in a county
3-23 that provides the department with a child abuse prevention and
3-24 protection plan. If a plan is not submitted to the department
3-25 under this section, the department shall document the county's
3-26 failure to submit a plan and may spend appropriated funds in the
3-27 county to carry out the department's duties under this subtitle.
3-28 (b) A child abuse prevention and protection plan may be
3-29 submitted by the governing body of a county or of a regional
3-30 council of governments in which the county is an active
3-31 participant.
3-32 (c) The department may not require a child abuse prevention
3-33 and protection plan to exceed five double-spaced letter-size pages.
3-34 The county or council of governments may voluntarily provide a
3-35 longer plan.
3-36 (d) A child abuse prevention and protection plan must:
3-37 (1) specify the manner of communication between
3-38 entities who are parties to the plan, including the department, the
3-39 Texas Department of Human Services, local law enforcement agencies,
3-40 the county and district attorneys, members of the medical and
3-41 social service community, foster parents, and child advocacy
3-42 groups; and
3-43 (2) provide other information concerning the
3-44 prevention and investigation of child abuse in the area for which
3-45 the plan is adopted.
3-46 SECTION 7. Subchapter D, Chapter 261, Family Code, as added
3-47 by House Bill 655, Acts of the 74th Legislature, Regular Session,
3-48 1995, is amended by adding Section 261.314 to read as follows:
3-49 Sec. 261.314. TESTING. (a) The department shall provide
3-50 testing as necessary for the welfare of a child who the department
3-51 believes, after an investigation under this chapter, has been
3-52 sexually abused, including human immunodeficiency virus (HIV)
3-53 testing of a child who was abused in a manner by which HIV may be
3-54 transmitted.
3-55 (b) Except as provided by Subsection (c), the results of a
3-56 test under this section are confidential.
3-57 (c) If requested, the department shall report the results of
3-58 a test under this section to:
3-59 (1) a court having jurisdiction of a proceeding
3-60 involving the child or a proceeding involving a person suspected of
3-61 abusing the child;
3-62 (2) a person responsible for the care and custody of
3-63 the child as a foster parent; and
3-64 (3) a person seeking to adopt the child.
3-65 SECTION 8. Subchapter B, Chapter 264, Family Code, as added
3-66 by House Bill 655, Acts of the 74th Legislature, Regular Session,
3-67 1995, is amended by adding Section 264.109 to read as follows:
3-68 Sec. 264.109. ADOPTIVE PARENT REGISTRY. (a) The department
3-69 shall establish a registry of persons who are willing to accept
3-70 foster care placement of a child in the care of the department.
4-1 The child may be placed temporarily with a person registered under
4-2 this section pending termination of the parent-child relationship.
4-3 (b) A person registered under this section must satisfy
4-4 requirements adopted by rule by the department.
4-5 (c) The department shall maintain a list of persons
4-6 registered under this section and shall make a reasonable effort to
4-7 place a child with the first available qualified person on the list
4-8 if a qualified extended family member is not available for the
4-9 child.
4-10 (d) Before a child may be placed with a person under this
4-11 section, the person must sign a written statement in which the
4-12 person agrees to the immediate removal of the child by the
4-13 department under circumstances determined by the department.
4-14 (e) A person registered under this section is not entitled
4-15 to compensation during the time the child is placed in the person's
4-16 home but may receive support services provided for the child by the
4-17 department.
4-18 (f) A person registered under this section has the right to
4-19 be considered first for the adoption of a child placed in the
4-20 person's home if the parent-child relationship is terminated with
4-21 regard to the child.
4-22 (g) The department may refuse to place a child with a person
4-23 registered under this section only for a reason permitted under
4-24 criteria adopted by department rule.
4-25 (h) The department shall make the public aware of the
4-26 existence and benefits of the adoptive parent registry through
4-27 appropriate existing department communication methods.
4-28 SECTION 9. Subchapter C, Chapter 264, Family Code, as added
4-29 by House Bill 655, Acts of the 74th Legislature, Regular Session,
4-30 1995, is amended by adding Section 264.205 to read as follows:
4-31 Sec. 264.205. SWIFT ADOPTION TEAMS. (a) The department
4-32 shall develop swift adoption teams to expedite the process of
4-33 placing a child under the jurisdiction of the department for
4-34 adoption.
4-35 (b) A swift adoption team shall consist of department
4-36 personnel who shall operate under policies adopted by rule by the
4-37 department. The department shall set priorities for the allocation
4-38 of department resources to enable a swift adoption team to operate
4-39 successfully under the policies adopted under this subsection.
4-40 (c) The department shall, using a system of measurement
4-41 developed by the department, report to the legislature on the
4-42 success of swift adoption teams in expediting the administrative
4-43 procedures and the length of time in placing children for adoption.
4-44 The report shall include recommendations by the department
4-45 concerning legislation that would enable the department to further
4-46 improve adoption placements. The department shall report under
4-47 this section on or before December 1 of each even-numbered year.
4-48 SECTION 10. Section 107.002, Family Code, as added by House
4-49 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-50 amended by adding Subsection (e) to read as follows:
4-51 (e) A court is not required under this section to appoint an
4-52 attorney ad litem in a proceeding in which:
4-53 (1) a suit for the dissolution of a marriage is
4-54 uncontested; or
4-55 (2) the issues of possession of and access to a child
4-56 are agreed to by both parents.
4-57 SECTION 11. Chapter 107, Family Code, as added by House Bill
4-58 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-59 amended by adding Section 107.006 to read as follows:
4-60 Sec. 107.006. GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL;
4-61 QUALIFICATIONS. (a) The local administrative district judge in
4-62 each county in a Department of Protective and Regulatory Services
4-63 region for child protective services that contains a county having
4-64 a population of 2.8 million or more shall establish a pool from
4-65 which guardians ad litem and attorneys ad litem are appointed for
4-66 proceedings in the district courts of the county. A local
4-67 administrative district judge in any other county may establish a
4-68 pool from which guardians ad litem and attorneys ad litem are
4-69 appointed for proceedings in the district courts of that county.
4-70 To be eligible for a pool established under this subsection, a
5-1 person must:
5-2 (1) complete training provided by the State Bar of
5-3 Texas in family law and the responsibilities of ad litems;
5-4 (2) complete as part of the person's annual continuing
5-5 legal education requirement not fewer than three hours in family
5-6 law issues; and
5-7 (3) meet other requirements established by the local
5-8 administrative district judge.
5-9 (b) Before appointment as a guardian ad litem or an attorney
5-10 ad litem, the person must have read, acknowledged by signing, and
5-11 filed with the local administrative judge a written statement
5-12 prepared by the local administrative district judge that lists the
5-13 responsibilities of an ad litem, some or all of which may be
5-14 appropriate to the person's specific case. The court shall retain
5-15 a copy of the acknowledgment for two years. To continue to receive
5-16 appointments under this section, the person must execute a new
5-17 statement at least every two years.
5-18 (c) A party to a proceeding in which a person is appointed
5-19 as a guardian ad litem or an attorney ad litem may object to
5-20 appointment of the person at any time before the date of the trial
5-21 of the proceeding. A party may object under this subsection on the
5-22 grounds that the party believes that the person appointed lacks
5-23 objectivity or is failing to fulfill the person's responsibilities
5-24 as an ad litem as outlined in the written statement of ad litem
5-25 responsibilities.
5-26 (d) A person appointed as a guardian ad litem or attorney ad
5-27 litem shall complete and submit to the court a voucher or claim for
5-28 payment that includes the fees charged and hours worked by the ad
5-29 litem. Information submitted under this section is subject to
5-30 disclosure under Chapter 552, Government Code.
5-31 (e) The Bureau of Vital Statistics may compile information
5-32 submitted under Subsection (d) for a county that maintains that
5-33 information on an electronic database. On the request of the
5-34 bureau, the county shall provide the information. Information
5-35 compiled by the bureau under this section shall be made available
5-36 to the Department of Protective and Regulatory Services.
5-37 SECTION 12. Section 772.007, Government Code, is transferred
5-38 to Subtitle E, Title 5, Family Code, redesignated as Subchapter H,
5-39 Chapter 264, and amended to read as follows:
5-40 SUBCHAPTER H. CHILD ABUSE PROGRAM EVALUATION
5-41 Sec. 264.701 <772.007>. <GOVERNOR'S> CHILD ABUSE PROGRAM
5-42 EVALUATION COMMITTEE. (a) The Child Abuse Program Evaluation
5-43 Committee is established within the Department of Protective and
5-44 Regulatory Services <office of the governor>.
5-45 (b) The committee is appointed by the Board of Protective
5-46 and Regulatory Services <governor with the advice and consent of
5-47 the senate> and is composed of the following 15 members:
5-48 (1) an officer or employee of the Central Education
5-49 Agency;
5-50 (2) an officer or employee of the <Texas> Department
5-51 of Protective and Regulatory <Human> Services;
5-52 (3) an officer or employee of the Texas Juvenile
5-53 Probation Commission;
5-54 (4) an officer or employee of the Texas Department of
5-55 Mental Health and Mental Retardation;
5-56 (5) an officer or employee <a member> of the
5-57 Children's Trust Fund of Texas Council <on Child Abuse and Neglect
5-58 Prevention>;
5-59 (6) an officer or employee <a member> of the Health
5-60 and Human Services Commission <commission>;
5-61 (7) three members of the public who have knowledge of
5-62 and experience in the area of delivery of services relating to
5-63 child abuse and neglect;
5-64 (8) three members of the public who have knowledge of
5-65 and experience in the area of evaluation of programs relating to
5-66 the prevention and treatment of child abuse and neglect; and
5-67 (9) three members of the public who are or have been
5-68 recipients of services relating to the prevention or treatment of
5-69 child abuse or neglect.
5-70 (c) In appointing members to the committee under Subsection
6-1 (b)(9), the board shall consider appointing:
6-2 (1) an adult who as a child was a recipient of
6-3 services relating to the prevention or treatment of child abuse or
6-4 neglect; and
6-5 (2) a custodial and a noncustodial parent of a child
6-6 who is or was a recipient of services relating to the prevention or
6-7 treatment of child abuse or neglect.
6-8 (d) <(c)> A committee member appointed to represent a state
6-9 agency or entity <council> serves at the pleasure of the board
6-10 <governor> or until termination of the person's employment or
6-11 membership with the agency or entity <council>. The public members
6-12 serve staggered six-year terms, with the terms of three public
6-13 members expiring on September <February> 1 of each even-numbered
6-14 <odd-numbered> year.
6-15 (e) <(d)> A member of the committee serves without
6-16 compensation. A public member is entitled to reimbursement for
6-17 travel expenses and per diem as provided by the General
6-18 Appropriations Act.
6-19 (f) <(e)> The committee shall elect from its members a
6-20 presiding officer and any other officers considered necessary.
6-21 (g) <(f)> Appointments to the committee shall be made
6-22 without regard to the race, color, handicap, sex, religion, age, or
6-23 national origin of an appointee.
6-24 (h) <(g)> The committee shall:
6-25 (1) develop and adopt policies and procedures
6-26 governing the system each state agency uses to evaluate the
6-27 effectiveness of programs to prevent or treat child abuse or
6-28 neglect with which the agency contracts;
6-29 (2) develop and adopt standard definitions of "child
6-30 abuse treatment" and "child abuse prevention" to be used in
6-31 implementing and administering the evaluation system created under
6-32 this subchapter <section>;
6-33 (3) develop and adopt standard models and guidelines
6-34 for prevention and treatment of child abuse to be used in
6-35 implementing and administering the evaluation system created under
6-36 this subchapter;
6-37 (4) develop and adopt, in cooperation with each
6-38 affected state agency, a schedule for each agency's adoption and
6-39 implementation of the committee's evaluation system that considers
6-40 each agency's budget cycle;
6-41 (5) <(4)> develop and adopt a standard report form and
6-42 a reporting schedule for the affected agencies;
6-43 (6) <(5)> develop and adopt objective criteria by
6-44 which the performance of child abuse programs may be measured after
6-45 reports under this subchapter <section> are submitted and
6-46 evaluated; and
6-47 (7) <(6)> report annually to the Board of Protective
6-48 and Regulatory Services <Governor's Interagency Council on Health
6-49 and Human Services>, governor, lieutenant governor, and speaker of
6-50 the house of representatives on the results of the committee's
6-51 evaluation process.
6-52 (i) <(h)> In adopting an evaluation system under this
6-53 subchapter <section>, the committee shall allow the affected
6-54 agencies as much latitude as possible in:
6-55 (1) the methods used to collect the required data; and
6-56 (2) the timetable for full implementation of the
6-57 system, allowing for gradual implementation of the system according
6-58 to classes of program providers.
6-59 (j) <(i)> Each agency that contracts with a public or
6-60 private entity for services relating to a program for the
6-61 prevention or treatment of child abuse or neglect shall adopt and
6-62 implement the committee's evaluation system and shall report to the
6-63 committee as required by this subchapter <section>.
6-64 SECTION 13. (a) This Act takes effect September 1, 1995,
6-65 and applies to a proceeding in which an investigation of the abuse
6-66 of a child is pending on or after that date.
6-67 (b) Not later than January 1, 1996, the Board of Protective
6-68 and Regulatory Services shall make appointments to the Child Abuse
6-69 Program Evaluation Committee that are necessary to accomplish the
6-70 change in the committee's composition required by Subchapter H,
7-1 Chapter 264, Family Code, as added by this Act. A public member of
7-2 the committee serving on the effective date of this Act shall serve
7-3 the remainder of the member's appointed term.
7-4 (c) The term of a public member of the Child Abuse Program
7-5 Evaluation Committee whose term before the enactment of this Act
7-6 was to expire on February 1, 1997, shall expire on September 1,
7-7 1996.
7-8 (d) The term of a public member of the Child Abuse Program
7-9 Evaluation Committee whose term before the enactment of this Act
7-10 was to expire on February 1, 1999, shall expire on September 1,
7-11 1998.
7-12 (e) The term of a public member of the Child Abuse Program
7-13 Evaluation Committee whose term before the enactment of this Act
7-14 was to expire on February 1, 2001, shall expire on September 1,
7-15 2000.
7-16 SECTION 14. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.
7-21 * * * * *