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 * * * * *