By Leedom                                              S.B. No. 262
          Substitute the following for S.B. No. 262:
          By Goodman                                         C.S.S.B. No. 262
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the investigation of child abuse and the protection of
    1-3  abused children.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 263.306, Family Code, as added by House
    1-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-7  amended to read as follows:
    1-8        Sec. 263.306.  REVIEW HEARINGS:  PROCEDURE.  At each review
    1-9  hearing the court shall consider whether returning the child to the
   1-10  custody and control of the child's parents is in the best interest
   1-11  of the child and shall:
   1-12              (1)  identify all persons or parties present at the
   1-13  hearing or those given notice but failing to appear;
   1-14              (2)  consider all relevant information pertaining to
   1-15  the factors under this chapter to determine whether the child's
   1-16  parents are willing and able to provide the child with a safe
   1-17  environment;
   1-18              (3)  determine the extent to which the child's parents
   1-19  have taken the necessary actions or responsibilities toward
   1-20  achieving the plan goal during the period of the service plan and
   1-21  the extent to which the department or other authorized agency has
   1-22  provided assistance to the parents as provided in the service plan;
   1-23              (4)  determine whether the child's parents are willing
   1-24  and able to provide the child with a safe environment without the
    2-1  assistance of a service plan and, if so, return the child to the
    2-2  parents;
    2-3              (5)  determine whether the child's parents are willing
    2-4  and able to provide the child with a safe environment with the
    2-5  assistance of a service plan and, if so, return the child or
    2-6  continue the placement of the child in the child's home under the
    2-7  department's or other agency's supervision;
    2-8              (6)  determine whether the child's parents are
    2-9  presently unwilling or unable to provide the child with a safe
   2-10  environment, even with the assistance of a service plan, and, if
   2-11  so, order the child to remain under the department's or other
   2-12  agency's managing conservatorship for a period of time specified by
   2-13  the court;
   2-14              (7)  determine whether a long-term foster care
   2-15  placement is in the child's best interest because of the child's
   2-16  special needs or circumstances and, if so, begin a long-term foster
   2-17  care placement;
   2-18              (8)  determine whether a child is 16 years of age or
   2-19  older and, if so, order the services that are needed to assist the
   2-20  child in making the transition from foster care to independent
   2-21  living if the services are available in the community;
   2-22              (9)  determine whether the child has been placed with
   2-23  the department under a voluntary placement agreement and, if so,
   2-24  order that the department will institute further proceedings or
   2-25  return the child to the parents;
   2-26              (10)  determine whether the department or authorized
   2-27  agency has custody, care, and control of the child under an
    3-1  affidavit of relinquishment of parental rights naming the
    3-2  department managing conservator and, if so, direct the department
    3-3  or authorized agency to institute further proceedings; and
    3-4              (11)  determine whether parental rights to the child
    3-5  have been terminated and, if so, determine whether the department
    3-6  or authorized agency will attempt to place the child for adoption.
    3-7        SECTION 2.  Sections 263.307(a) and (b), Family Code, as
    3-8  added by House Bill 655, Acts of the 74th Legislature, Regular
    3-9  Session, 1995, are amended to read as follows:
   3-10        (a)  In considering the factors established by this section,
   3-11  the prompt and permanent placement of the child in a safe
   3-12  environment is presumed to be in the child's best interest.
   3-13        (b)  The following factors should be considered by the court,
   3-14  the department, and other authorized agencies in determining
   3-15  whether the child's parents are willing and able to provide the
   3-16  child with a safe environment:
   3-17              (1)  the child's age and physical and mental
   3-18  vulnerabilities;
   3-19              (2)  the frequency and nature of out-of-home
   3-20  placements;
   3-21              (3)  the magnitude, frequency, and circumstances of the
   3-22  harm to the child;
   3-23              (4)  whether the child has been the victim of repeated
   3-24  harm after the initial report and intervention by the department or
   3-25  other agency;
   3-26              (5)  whether the child would benefit by returning to
   3-27  the child's home;
    4-1              (6)  whether the child is fearful of living in or
    4-2  returning to the child's home;
    4-3              (7) <(6)>  the results of psychiatric, psychological,
    4-4  or developmental evaluations of the child, the child's parents,
    4-5  other family members, or others who have access to the child's
    4-6  home;
    4-7              (8) <(7)>  whether there is a history of abusive or
    4-8  assaultive conduct by the child's family or others who have access
    4-9  to the child's home;
   4-10              (9) <(8)>  whether there is a history of substance
   4-11  abuse by the child's family or others who have access to the
   4-12  child's home;
   4-13              (10) <(9)>  whether the perpetrator of the harm to the
   4-14  child is identified;
   4-15              (11) <(10)>  the willingness and ability of the child's
   4-16  family to seek out, accept, and complete counseling services and to
   4-17  cooperate with and facilitate an appropriate agency's close
   4-18  supervision;
   4-19              (12) <(11)>  the willingness and ability of the child's
   4-20  family to effect positive environmental and personal changes within
   4-21  a reasonable period of time;
   4-22              (13) <(12)>  whether the child's family demonstrates
   4-23  adequate parenting skills, including providing the child and other
   4-24  children under the family's care with:
   4-25                    (A)  minimally adequate health and nutritional
   4-26  care;
   4-27                    (B)  care, nurturance, and appropriate discipline
    5-1  consistent with the child's physical and psychological development;
    5-2                    (C)  guidance and supervision consistent with the
    5-3  child's safety;
    5-4                    (D)  a safe physical home environment;
    5-5                    (E)  protection from repeated exposure to
    5-6  violence even though the violence may not be directed at the child;
    5-7  and
    5-8                    (F)  an understanding of the child's needs and
    5-9  capabilities; and
   5-10              (14) <(13)>  whether an adequate social support system
   5-11  consisting of an extended family and friends is available to the
   5-12  child.
   5-13        SECTION 3.  Section 264.002, Family Code, as added by House
   5-14  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-15  amended by adding Subsections (f)-(h) to read as follows:
   5-16        (f)  To ensure that the professional training curriculum for
   5-17  investigators is up-to-date and consistent with current research by
   5-18  nationally recognized behavioral scientists, including clinical
   5-19  child psychologists, child psychiatrists, and childhood
   5-20  behavioralists with expertise in the prevention of abuse and
   5-21  neglect and the treatment of children at risk of abuse, the
   5-22  department annually shall review the training curriculum in:
   5-23              (1)  child abuse;
   5-24              (2)  the indicators of a false allegation of child
   5-25  abuse;
   5-26              (3)  methods of preventing and treating child abuse;
   5-27  and
    6-1              (4)  interview techniques.
    6-2        (g)  The department is encouraged to the extent reasonable
    6-3  and practical to hire as an investigator or as a supervisor of an
    6-4  investigator only a person who holds a bachelor's degree.
    6-5        (h)  The department is encouraged to adopt standards for
    6-6  continuing education and training curriculum for investigators.
    6-7        SECTION 4.  Section 264.201(a), Family Code, as added by
    6-8  House Bill 655, Acts of the 74th Legislature, Regular Session,
    6-9  1995, is amended to read as follows:
   6-10        (a)  When the department provides services directly or by
   6-11  contract to an abused or neglected child and the child's family,
   6-12  the services shall be designed to:
   6-13              (1)  prevent further abuse;
   6-14              (2)  alleviate the effects of the abuse suffered;
   6-15              (3)  prevent removal of the child from the home and to
   6-16  foster, encourage, and support a strengthened parent-child
   6-17  relationship; and
   6-18              (4)  provide reunification services when appropriate
   6-19  for the return of the child to the home.
   6-20        SECTION 5.  This Act takes effect September 1, 1995.
   6-21        SECTION 6.  The importance of this legislation and the
   6-22  crowded condition of the calendars in both houses create an
   6-23  emergency and an imperative public necessity that the
   6-24  constitutional rule requiring bills to be read on three several
   6-25  days in each house be suspended, and this rule is hereby suspended.