By: Shapiro, Sims, Cain S.B. No. 81
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment of children's advocacy centers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 34, Family Code, is amended by adding
1-4 Subchapter E to read as follows:
1-5 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS
1-6 Sec. 34.701. DEFINITION. In this subchapter, "center" means
1-7 a children's advocacy center.
1-8 Sec. 34.702. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
1-9 (a) On the execution of a memorandum of understanding under
1-10 Section 34.703, a children's advocacy center may be established by
1-11 the participating entities.
1-12 (b) A center may be established to serve two or more
1-13 contiguous counties.
1-14 Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING.
1-15 (a) Before a center may be established under Section 34.702, a
1-16 memorandum of understanding regarding participation in the
1-17 operation of the center must be executed among:
1-18 (1) the division of the Department of Protective and
1-19 Regulatory Services responsible for child abuse investigations;
1-20 (2) representatives of county and municipal law
1-21 enforcement agencies that investigate child abuse in the area to be
1-22 served by the center;
1-23 (3) the county or district attorney who routinely
1-24 prosecutes child abuse cases in the area to be served by the
2-1 center; and
2-2 (4) a representative of any other governmental entity
2-3 that participates in child abuse investigations or offers services
2-4 to child abuse victims that desires to participate in the operation
2-5 of the center.
2-6 (b) A memorandum of understanding executed under this
2-7 section shall include the agreement of each participating entity to
2-8 cooperate in:
2-9 (1) developing a cooperative, team approach to
2-10 investigating child abuse;
2-11 (2) reducing, to the greatest extent possible, the
2-12 number of interviews required of a victim of child abuse to
2-13 minimize the negative impact of the investigation on the child; and
2-14 (3) developing, maintaining, and supporting, through
2-15 the center, an environment that emphasizes the best interests of
2-16 children and that provides investigatory and rehabilitative
2-17 services.
2-18 (c) A memorandum of understanding executed under this
2-19 section may include the agreement of one or more participating
2-20 entities to provide office space and administrative services
2-21 necessary for the center's operation.
2-22 Sec. 34.704. BOARD; ADMINISTRATION OF CENTER. (a) The
2-23 executive officer or board of each participating entity executing a
2-24 memorandum of understanding that establishes a center under this
2-25 subchapter shall appoint a member to serve on the governing board
2-26 of the center.
2-27 (b) A governing board member serves at the pleasure of the
3-1 appointing executive officer or board.
3-2 (c) Service on a center's board by a public officer or
3-3 employee is an additional duty of the office or employment.
3-4 Sec. 34.705. DUTIES. A center shall:
3-5 (1) assess victims of child abuse and their families
3-6 to determine their need for services relating to the investigation
3-7 of child abuse;
3-8 (2) provide services determined to be needed under
3-9 Subdivision (1);
3-10 (3) provide a facility at which a multidisciplinary
3-11 team appointed under Section 34.706 can meet to facilitate the
3-12 efficient and appropriate disposition of child abuse cases through
3-13 the civil and criminal justice systems; and
3-14 (4) coordinate the activities of governmental entities
3-15 relating to child abuse investigations and delivery of services to
3-16 child abuse victims and their families.
3-17 Sec. 34.706. MULTIDISCIPLINARY TEAM. (a) A center's board
3-18 shall appoint a multidisciplinary team to work within the center to
3-19 review new and pending child abuse cases for the purpose of
3-20 coordinating the activities of entities involved in investigation,
3-21 prosecution, and victim services.
3-22 (b) The multidisciplinary team may review a child abuse case
3-23 in which the alleged perpetrator does not have custodial control or
3-24 supervision of the child or is not responsible for the child's
3-25 welfare or care.
3-26 (c) The multidisciplinary team shall consist of persons who
3-27 are involved in the investigation or prosecution of child abuse
4-1 cases or the delivery of services to child abuse victims and their
4-2 families.
4-3 (d) The multidisciplinary team shall meet at the call of the
4-4 board. The board shall call a meeting of the multidisciplinary
4-5 team if:
4-6 (1) a new child abuse case is received; or
4-7 (2) a pending child abuse case requires attention.
4-8 (e) At each meeting, the multidisciplinary team shall
4-9 discuss each active case and the actions of the entities involved
4-10 in investigation, prosecution, and victim services.
4-11 Sec. 34.707. LIABILITY. (a) A person is not liable for
4-12 civil damages for a recommendation made or an opinion rendered in
4-13 good faith while acting in the official scope of the person's
4-14 duties as a member of a multidisciplinary team or as a board
4-15 member, staff member, or volunteer of a center.
4-16 (b) The limitation on civil liability of Subsection (a) does
4-17 not apply if a person's actions constitute gross negligence.
4-18 SECTION 2. This Act takes effect September 1, 1995.
4-19 SECTION 3. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.