By Brady, Goodman, Van de Putte H.B. No. 2571 74R7704 MJW-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to children's advocacy centers. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 34, Family Code, is amended by adding 1-5 Subchapter E to read as follows: 1-6 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS 1-7 Sec. 34.701. DEFINITION. In this subchapter, "center" means 1-8 a children's advocacy center. 1-9 Sec. 34.702. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER. 1-10 (a) On the execution of a memorandum of understanding under 1-11 Section 34.703, a children's advocacy center may be established by 1-12 the participating entities. 1-13 (b) A center may be established to serve two or more 1-14 contiguous counties. 1-15 Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING. (a) 1-16 Before a center may be established under Section 34.702, a 1-17 memorandum of understanding regarding participation in operation of 1-18 the center must be executed among: 1-19 (1) the division of the Department of Protective and 1-20 Regulatory Services responsible for child abuse investigations; 1-21 (2) representatives of county and municipal law 1-22 enforcement agencies that investigate child abuse in the area to be 1-23 served by the center; 1-24 (3) the county or district attorney who routinely 2-1 prosecutes child abuse cases in the area to be served by the 2-2 center; and 2-3 (4) another individual or entity that provides 2-4 services to children and desires to participate in the operation of 2-5 the center, including local school officials, members of the local 2-6 medical and psychological counseling communities, foster parents, 2-7 and child advocates. 2-8 (b) A memorandum of understanding executed under this 2-9 section shall include the agreement of each participating entity to 2-10 cooperate in: 2-11 (1) developing a cooperative, team approach to 2-12 investigating child abuse; 2-13 (2) reducing, to the greatest extent possible, the 2-14 number of interviews required of a victim of child abuse to 2-15 minimize the negative impact of the investigation on the child; and 2-16 (3) developing, maintaining, and supporting, through 2-17 the center, an environment that emphasizes the best interests of 2-18 children and that provides investigatory and rehabilitative 2-19 services. 2-20 (c) A memorandum of understanding executed under this 2-21 section may include the agreement of one or more participating 2-22 entities to provide office space and administrative services 2-23 necessary for the center's operation. 2-24 Sec. 34.704. BOARD; ADMINISTRATION OF CENTER. (a) The 2-25 executive officer or board of each participating entity executing a 2-26 memorandum of understanding that establishes a center under this 2-27 subchapter shall appoint a member to serve on the governing board 3-1 of the center. 3-2 (b) A governing board member serves at the pleasure of the 3-3 appointing executive officer or board. 3-4 (c) Service on a center's board by a public officer or 3-5 employee is an additional duty of the office or employment. 3-6 Sec. 34.705. DUTIES. A center shall: 3-7 (1) assess victims of child abuse and their families 3-8 to determine their need for services relating to the investigation 3-9 of child abuse; 3-10 (2) provide services determined to be needed under 3-11 Subdivision (1); 3-12 (3) provide a facility at which a multidisciplinary 3-13 team appointed under Section 34.706 can meet to facilitate the 3-14 efficient and appropriate disposition of child abuse cases through 3-15 the civil and criminal justice systems; and 3-16 (4) coordinate the activities of governmental entities 3-17 relating to child abuse investigations and delivery of services to 3-18 child abuse victims and their families. 3-19 Sec. 34.706. MULTIDISCIPLINARY TEAM. (a) A center's board 3-20 shall appoint a multidisciplinary team to work within the center to 3-21 review new and pending child abuse cases for the purpose of 3-22 coordinating the activities of entities involved in investigation, 3-23 prosecution, and victim services. 3-24 (b) A multidisciplinary team may review a child abuse case 3-25 in which the alleged perpetrator does not have custodial control or 3-26 supervision of the child or is not responsible for the child's 3-27 welfare or care. 4-1 (c) A multidisciplinary team shall consist of persons who 4-2 are involved in the investigation or prosecution of child abuse 4-3 cases or the delivery of services to child abuse victims and their 4-4 families. 4-5 (d) A multidisciplinary team shall meet at the call of the 4-6 board. The board shall call a meeting of the multidisciplinary 4-7 team if: 4-8 (1) a new child abuse case is received; or 4-9 (2) a pending child abuse case requires attention. 4-10 (e) At each meeting, the multidisciplinary team shall 4-11 discuss each active case and the actions of the entities involved 4-12 in investigation, prosecution, and victim services. 4-13 Sec. 34.707. LIABILITY. (a) A person is not liable for 4-14 civil damages for a recommendation made or an opinion rendered in 4-15 good faith while acting in the official scope of the person's 4-16 duties as a member of a multidisciplinary team or as a board 4-17 member, staff member, or volunteer of a center. 4-18 (b) The limitation on civil liability of Subsection (a) does 4-19 not apply if a person's actions constitute gross negligence. 4-20 Sec. 34.708. STATE FUNDING OF CENTERS. (a) The state may 4-21 offer a maximum of $50,000 in state matching funds for a center 4-22 established under this subchapter to assist the center with 4-23 start-up costs. 4-24 (b) The state may appropriate funds sufficient to offer 4-25 matching funds for 20 centers during the 1995-1997 biennium. 4-26 SECTION 2. This Act takes effect September 1, 1995. 4-27 SECTION 3. The importance of this legislation and the 5-1 crowded condition of the calendars in both houses create an 5-2 emergency and an imperative public necessity that the 5-3 constitutional rule requiring bills to be read on three several 5-4 days in each house be suspended, and this rule is hereby suspended.