By Shapiro S.B. No. 81
74R737 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of 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 county commissioners court, or two or more
1-12 commissioners courts of contiguous counties, may establish a
1-13 children's advocacy center.
1-14 (b) A center established by two or more commissioners courts
1-15 of contiguous counties serves the areas covered by those counties.
1-16 Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING. (a)
1-17 Before a center may be established under Section 34.702, 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 of Protective and
1-21 Regulatory Services responsible for 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 Sec. 34.704. GOVERNING BOARD; ADMINISTRATION OF CENTER. (a)
2-21 A county commissioners court that establishes a center under this
2-22 subchapter shall appoint a governing board for the center that
2-23 includes at least one representative of each party to the
2-24 memorandum of understanding executed under Section 34.703. If a
2-25 center is established by two or more commissioners courts of
2-26 contiguous counties, the appointments shall be by agreement of all
2-27 participating commissioners courts.
3-1 (b) A board member serves at the pleasure of the appointing
3-2 body or bodies.
3-3 (c) Service on a center's board by a public officer or
3-4 employee is an additional duty of the office or employment.
3-5 (d) A county commissioners court may employ personnel,
3-6 perform administrative activities, and provide administrative
3-7 services necessary for administration of a center.
3-8 Sec. 34.705. DUTIES. A center shall:
3-9 (1) assess victims of child abuse and their families
3-10 to determine their need for services relating to the investigation
3-11 of child abuse;
3-12 (2) provide services determined to be needed under
3-13 Subdivision (1);
3-14 (3) provide a facility at which a multidisciplinary
3-15 team appointed under Section 34.706 can meet to facilitate the
3-16 efficient and appropriate disposition of child abuse cases through
3-17 the civil and criminal justice systems; and
3-18 (4) coordinate the activities of governmental entities
3-19 relating to child abuse investigations and delivery of services to
3-20 child abuse victims and their families.
3-21 Sec. 34.706. MULTIDISCIPLINARY TEAM. (a) A center's board
3-22 shall appoint a multidisciplinary team to work within the center to
3-23 review new and pending child abuse cases for the purpose of
3-24 coordinating the activities of entities involved in investigation,
3-25 prosecution, and victim services.
3-26 (b) A multidisciplinary team may review a child abuse case
3-27 in which the alleged perpetrator does not have custodial control or
4-1 supervision of the child or is not responsible for the child's
4-2 welfare or care.
4-3 (c) A multidisciplinary team shall consist of persons who
4-4 are involved in the investigation or prosecution of child abuse
4-5 cases or the delivery of services to child abuse victims and their
4-6 families.
4-7 (d) A multidisciplinary team shall meet at the call of the
4-8 board. The board shall call a meeting of the multidisciplinary
4-9 team if:
4-10 (1) a new child abuse case is received; or
4-11 (2) a pending child abuse case requires attention.
4-12 (e) At each meeting, the multidisciplinary team shall
4-13 discuss each active case and the actions of the entities involved
4-14 in investigation, prosecution, and victim services.
4-15 Sec. 34.707. LIABILITY. (a) A person is not liable for
4-16 civil damages for a recommendation made or an opinion rendered in
4-17 good faith while acting in the official scope of the person's
4-18 duties as a member of a multidisciplinary team or as a board
4-19 member, staff member, or volunteer of a center.
4-20 (b) The limitation on civil liability of Subsection (a) does
4-21 not apply if a person's actions constitute gross negligence.
4-22 SECTION 2. This Act takes effect September 1, 1995.
4-23 SECTION 3. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.