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.