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.