1-1 By: Shapiro, Sims S.B. No. 81 1-2 (In the Senate - Filed November 21, 1994; January 11, 1995, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 11, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 11, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 81 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the establishment of children's advocacy centers. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 34, Family Code, is amended by adding 1-13 Subchapter E to read as follows: 1-14 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS 1-15 Sec. 34.701. DEFINITION. In this subchapter, "center" means 1-16 a children's advocacy center. 1-17 Sec. 34.702. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER. 1-18 (a) On the execution of a memorandum of understanding under 1-19 Section 34.703, a children's advocacy center may be established by 1-20 the participating entities. 1-21 (b) A center may be established to serve two or more 1-22 contiguous counties. 1-23 Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING. 1-24 (a) Before a center may be established under Section 34.702, a 1-25 memorandum of understanding regarding participation in the 1-26 operation of the center must be executed among: 1-27 (1) the division of the Department of Protective and 1-28 Regulatory Services responsible for child abuse investigations; 1-29 (2) representatives of county and municipal law 1-30 enforcement agencies that investigate child abuse in the area to be 1-31 served by the center; 1-32 (3) the county or district attorney who routinely 1-33 prosecutes child abuse cases in the area to be served by the 1-34 center; and 1-35 (4) a representative of any other governmental entity 1-36 that participates in child abuse investigations or offers services 1-37 to child abuse victims that desires to participate in the operation 1-38 of the center. 1-39 (b) A memorandum of understanding executed under this 1-40 section shall include the agreement of each participating entity to 1-41 cooperate in: 1-42 (1) developing a cooperative, team approach to 1-43 investigating child abuse; 1-44 (2) reducing, to the greatest extent possible, the 1-45 number of interviews required of a victim of child abuse to 1-46 minimize the negative impact of the investigation on the child; and 1-47 (3) developing, maintaining, and supporting, through 1-48 the center, an environment that emphasizes the best interests of 1-49 children and that provides investigatory and rehabilitative 1-50 services. 1-51 (c) A memorandum of understanding executed under this 1-52 section may include the agreement of one or more participating 1-53 entities to provide office space and administrative services 1-54 necessary for the center's operation. 1-55 Sec. 34.704. BOARD; ADMINISTRATION OF CENTER. (a) The 1-56 executive officer or board of each participating entity executing a 1-57 memorandum of understanding that establishes a center under this 1-58 subchapter shall appoint a member to serve on the governing board 1-59 of the center. 1-60 (b) A governing board member serves at the pleasure of the 1-61 appointing executive officer or board. 1-62 (c) Service on a center's board by a public officer or 1-63 employee is an additional duty of the office or employment. 1-64 Sec. 34.705. DUTIES. A center shall: 1-65 (1) assess victims of child abuse and their families 1-66 to determine their need for services relating to the investigation 1-67 of child abuse; 1-68 (2) provide services determined to be needed under 2-1 Subdivision (1); 2-2 (3) provide a facility at which a multidisciplinary 2-3 team appointed under Section 34.706 can meet to facilitate the 2-4 efficient and appropriate disposition of child abuse cases through 2-5 the civil and criminal justice systems; and 2-6 (4) coordinate the activities of governmental entities 2-7 relating to child abuse investigations and delivery of services to 2-8 child abuse victims and their families. 2-9 Sec. 34.706. MULTIDISCIPLINARY TEAM. (a) A center's board 2-10 shall appoint a multidisciplinary team to work within the center to 2-11 review new and pending child abuse cases for the purpose of 2-12 coordinating the activities of entities involved in investigation, 2-13 prosecution, and victim services. 2-14 (b) The multidisciplinary team may review a child abuse case 2-15 in which the alleged perpetrator does not have custodial control or 2-16 supervision of the child or is not responsible for the child's 2-17 welfare or care. 2-18 (c) The multidisciplinary team shall consist of persons who 2-19 are involved in the investigation or prosecution of child abuse 2-20 cases or the delivery of services to child abuse victims and their 2-21 families. 2-22 (d) The multidisciplinary team shall meet at the call of the 2-23 board. The board shall call a meeting of the multidisciplinary 2-24 team if: 2-25 (1) a new child abuse case is received; or 2-26 (2) a pending child abuse case requires attention. 2-27 (e) At each meeting, the multidisciplinary team shall 2-28 discuss each active case and the actions of the entities involved 2-29 in investigation, prosecution, and victim services. 2-30 Sec. 34.707. LIABILITY. (a) A person is not liable for 2-31 civil damages for a recommendation made or an opinion rendered in 2-32 good faith while acting in the official scope of the person's 2-33 duties as a member of a multidisciplinary team or as a board 2-34 member, staff member, or volunteer of a center. 2-35 (b) The limitation on civil liability of Subsection (a) does 2-36 not apply if a person's actions constitute gross negligence. 2-37 SECTION 2. This Act takes effect September 1, 1995. 2-38 SECTION 3. The importance of this legislation and the 2-39 crowded condition of the calendars in both houses create an 2-40 emergency and an imperative public necessity that the 2-41 constitutional rule requiring bills to be read on three several 2-42 days in each house be suspended, and this rule is hereby suspended. 2-43 * * * * *