74R11854 JMM-D
By Shapiro, Sims, Cain S.B. No. 81
Substitute the following for S.B. No. 81:
By Brady C.S.S.B. No. 81
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 264, Family Code, as added by H.B. 655,
1-5 Acts of the 74th Legislature, Regular Session, 1995, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS
1-8 Sec. 264.401. DEFINITION. In this subchapter, "center"
1-9 means a children's advocacy center.
1-10 Sec. 264.402. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
1-11 (a) On the execution of a memorandum of understanding under
1-12 Section 264.403, a children's advocacy center may be established by
1-13 the participating entities.
1-14 (b) A center may be established to serve two or more
1-15 contiguous counties.
1-16 Sec. 264.403. INTERAGENCY MEMORANDUM OF UNDERSTANDING. (a)
1-17 Before a center may be established under Section 264.402, a
1-18 memorandum of understanding regarding participation in operation of
1-19 the center must be executed among:
1-20 (1) the division of the department responsible for
1-21 child abuse investigations;
1-22 (2) representatives of county and municipal law
1-23 enforcement agencies that investigate child abuse in the area to be
1-24 served by the center;
2-1 (3) the county or district attorney who routinely
2-2 prosecutes child abuse cases in the area to be served by the
2-3 center; and
2-4 (4) a representative of any other governmental entity
2-5 that participates in child abuse investigations or offers services
2-6 to child abuse victims that desires to participate in the operation
2-7 of the center.
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. 264.404. 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. 264.405. 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 264.406 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. 264.406. 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. 264.407. 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 SECTION 2. This Act takes effect September 1, 1995.
4-21 SECTION 3. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.