Amend HB 2250 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 261.105(a), Family Code, is amended to
read as follows:
(a) All reports received by a local or state law enforcement
agency that allege abuse or neglect by a person responsible for a
child's care, custody, or welfare shall be referred immediately to
the department or the designated agency.
SECTION 2. Section 261.301(a), Family Code, is amended to
read as follows:
(a) With assistance from the appropriate state or local law
enforcement agency, the <The> department or designated agency shall
make a prompt and thorough investigation of a report of child
abuse or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare.
SECTION 3. Section 411.114, Government Code, is amended to
read as follows:
Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. (a)(1) In this
subsection the terms "child," "child-care facility," and "family
home" have the meanings assigned by Section 42.002, Human Resources
Code.
(2) The Department of Protective and Regulatory
Services shall <is entitled to> obtain from the department criminal
history record information maintained by the department that
relates to a person who is:
(A) an applicant for a license, registration, or
certification under Chapter 42, Human Resources Code;
(B) an owner or employee of or an applicant for
employment by a child-care facility or family home licensed,
registered, or certified under that chapter;
(C) a resident of a registered family home, but
not a child in the home's care or a parent of the child;
(D) an applicant for a position with the
Department of Protective and Regulatory Services, the duties of
which include direct delivery of protective services to children,
elderly persons, or persons with a disability;
(E) <a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers/Big Sisters of
America;>
<(F) a volunteer or applicant volunteer with the
"I Have a Dream/Houston" program;>
<(G)> an employee of, an applicant for
employment with, or a volunteer or an applicant volunteer with a
business entity or person that contracts with the Department of
Protective and Regulatory Services to provide direct delivery of
protective services to children, elderly persons, or persons with a
disability, if the person's duties or responsibilities include
direct contact with children, elderly persons, or persons with a
disability;
(F) <(H)> a volunteer or applicant volunteer
with the Department of Protective and Regulatory Services;
(G) <(I) a volunteer or applicant volunteer with
an organization that provides court-appointed special advocates for
abused or neglected children;>
<(J)> a person providing or applying to provide
adoptive or foster care for children in the care of the Department
of Protective and Regulatory Services and other adults living with
that person in the residence in which the child will reside;
(H) <(K)> a Department of Protective and
Regulatory Services employee who is engaged in the direct delivery
of protective services to children, elderly persons, or persons
with a disability;
(I) <(L)> a person who is the subject of a
report the department receives alleging that the person has abused
or neglected a child, an elderly person, or a person with a
disability, provided that report has proven to have merit;
(J) <(M)> a relative providing or applying to
provide in-home care for a child in the care of the Department of
Protective and Regulatory Services and other adults living with
that relative in the residence in which the child will reside; or
(K) <(N)> a person providing child care for a
child who is in the care of the Department of Protective and
Regulatory Services and who is or will be receiving adoptive,
foster, or in-home care<;>
<(O) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected; or>
<(P) a volunteer or applicant volunteer with a
Texas chapter of the Make-a-Wish Foundation of America>.
(3) The Department of Protective and Regulatory
Services is entitled to obtain from the department criminal history
record information maintained by the department that relates to a
person who is:
(A) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers/Big Sisters of
America;
(B) a volunteer or applicant volunteer with the
"I Have a Dream/Houston" program;
(C) a volunteer or applicant volunteer with an
organization that provides court-appointed special advocates for
abused or neglected children;
(D) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
(E) a volunteer or applicant volunteer with a
Texas chapter of the Make-a-Wish Foundation of America; or
(F) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information.
(4) Subject to Section 411.087, the department shall:
(A) obtain through the Federal Bureau of
Investigation criminal history record information maintained or
indexed by that bureau that pertains to a person described by
Subdivision (2); or
(B) obtain from any other criminal justice
agency in this state criminal history record information maintained
by that criminal justice agency that relates to a person described
by Subdivision (2).
(5) The Department of Protective and Regulatory
Services may not use the authority granted under this section to
harass an employee or volunteer. The Board of Protective and
Regulatory Services shall adopt rules to prevent the harassment of
an employee or volunteer through the request and use of criminal
records.
(6) <(4)> Criminal history record information obtained
by the Department of Protective and Regulatory Services under this
subsection may not be released to any person except:
(A) on court order;
(B) with the consent of the person who is the
subject of the criminal history record information;
(C) for purposes of an administrative hearing
held by the Department of Protective and Regulatory Services
concerning the person who is the subject of the criminal history
record information; or
(D) as provided by Subdivision (7) <(5)>.
(7) <(5)> The Department of Protective and Regulatory
Services is not prohibited from releasing criminal history record
information obtained under this subsection to:
(A) the person who is the subject of the
criminal history record information;
(B) a child-care facility that employs or is
considering employing the person who is the subject of the criminal
history record information;
(C) a person or business entity described by
Subsection (a)(2)(E) <(a)(2)(G)> who uses or intends to use the
services of the volunteer or employs or is considering employing
the person who is the subject of the criminal history record
information; or
(D) an adult residing with a child and the
person who is the subject of the criminal history record
information, if the Department of Protective and Regulatory
Services determines that the release of information to the adult is
necessary to ensure the safety or welfare of the child or adult.
(b) The failure or refusal to provide a complete set of
fingerprints or a complete name on request constitutes good cause
for dismissal or refusal to hire, as applicable, with regard to a
volunteer of or an employee or applicant for permanent or temporary
employment with the department, or a facility, home, business, or
other entity, if the volunteer position, employment, or potential
employment involves direct interaction with or the opportunity to
interact and associate with children.
(c) The Department of Protective and Regulatory Services may
charge an organization or person that requests criminal history
record information under Subsection (a)(3) <(a)(2)> a fee in an
amount necessary to cover the costs of obtaining the information on
the organization's or person's behalf.
SECTION 4. Section 40.052, Human Resources Code, is amended
to read as follows:
Sec. 40.052. DUTIES RELATING TO DELIVERY OF SERVICES. The
department shall:
(1) propose and implement service delivery standards
for departmental programs;
(2) provide training and technical assistance to
regional and local service providers;
(3) provide joint training on the investigation of
reports of child abuse or neglect to department personnel and law
enforcement personnel in appropriate state and local law
enforcement agencies;
(4) develop and implement systems for monitoring
departmental program performance and service delivery;
(5) <(4)> promote innovative service delivery at the
local level; and
(6) <(5)> cooperate and coordinate as appropriate with
other governmental entities in the delivery of services.
SECTION 5. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Sections 40.0521 and 40.0522 to read as
follows:
Sec. 40.0521. COMMUNITY EDUCATION AND TRAINING RELATING TO
CHILD ABUSE OR NEGLECT. (a) The department shall conduct
community education programs designed to improve participation of
the general public in preventing, identifying, and treating cases
of child abuse or neglect.
(b) The department shall make training concerning child
abuse or neglect available to professionals who are required by law
to report, investigate, or litigate those cases.
Sec. 40.0522. MULTIDISCIPLINARY TEAMS. (a) To the extent
possible, the department shall establish multidisciplinary teams to
provide services relating to a report of child abuse or neglect. A
multidisciplinary team shall include professionals in each
professional discipline necessary to provide comprehensive medical
and psychological services to a child who is the subject of a
report and to members of the child's household.
(b) Members of a multidisciplinary team may exchange
information relating to a report of child abuse or neglect as
necessary to facilitate a thorough investigation of the report.
The department may adopt rules governing the exchange of
information between team members.
(c) A multidisciplinary team established under this section
shall coordinate services provided by the department to a child and
to members of the child's household with services available from
other sources, including public and private agencies in the
community. The goal of the multidisciplinary team is to provide
the greatest range of services possible without duplication of
effort.
(d) The department shall establish a process by which
members of a multidisciplinary team are involved in the
department's development and implementation of procedures relating
to coordination of the department's child abuse or neglect services
with services provided by other public and private agencies.
SECTION 6. Section 40.061(a), Human Resources Code, is
amended to read as follows:
(a) A department employee, a member of a multidisciplinary
team established under Section 40.0522, or an authorized department
volunteer who performs a departmental duty or responsibility is
immune from civil or criminal liability for any act or omission
that relates to the duty or responsibility if the person acted in
good faith and within the scope of the person's authority.
SECTION 7. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.066 to read as follows:
Sec. 40.066. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
EMPLOYMENT. (a) An applicant for temporary or permanent
employment with the department whose employment or potential
employment with the department involves direct interactions with or
the opportunity to interact and associate with children must
execute and submit the following affidavit with the application for
employment:
STATE OF____________
COUNTY OF____________
I swear or affirm under penalty of perjury that I do not now
and I have not at any time, either as an adult or as a juvenile:
1. Been convicted of;
2. Pleaded guilty to (whether or not resulting in a
conviction);
3. Pleaded nolo contendere or no contest to;
4. Admitted;
5. Had any judgment or order rendered against me (whether by
default or otherwise);
6. Entered into any settlement of an action or claim of;
7. Had any license, certification, employment, or volunteer
position suspended, revoked, terminated, or adversely affected
because of;
8. Been diagnosed as having or have been treated for any
mental or emotional condition arising from; or,
9. Resigned under threat of termination of employment or
volunteerism for;
10. Had a report of child abuse or neglect made and
substantiated against me for;
11. Have any pending criminal charges against me in this or
any other jurisdiction for;
Any conduct, matter, or thing (irrespective of formal name
thereof) constituting or involving (whether under criminal or civil
law of any jurisdiction):
1. Any felony;
2. Rape or other sexual assault;
3. Physical, sexual, emotional abuse and/or neglect of a
minor;
4. Incest;
5. Exploitation, including sexual, of a minor;
6. Sexual misconduct with a minor;
7. Molestation of a child;
8. Lewdness or indecent exposure;
9. Lewd and lascivious behavior;
10. Obscene or pornographic literature, photographs, or
videos;
11. Assault, battery, or any violent offense involving a
minor;
12. Endangerment of a child;
13. Any misdemeanor or other offense classification
involving a minor or to which a minor was a witness;
14. Unfitness as a parent or custodian;
15. Removing children from a state or concealing children in
violation of a court order;
16. Restrictions or limitations on contact or visitation
with children or minors;
17. Any type of child abduction; or,
18. Similar or related conduct, matters, or things.
Except the following (list all incidents, location,
description, and date) (if none, write NONE):
Signed________________________ Date______________.
Subscribed and sworn to (or affirmed) before me this______day of
________________,_________.
Signature of notarial officer_____________________________________.
(seal, if any, of notarial officer)
My commission expires:___________
(b) The failure or refusal of the applicant to sign or
provide the affidavit constitutes good cause for refusal to hire
the applicant.
SECTION 8. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Sections 42.0425 and 42.0426 to read as
follows:
Sec. 42.0425. TRAINING OF PERSONNEL. A licensed facility or
registered family home shall provide training for staff members in:
(1) the recognition of symptoms of child abuse,
neglect, and sexual molestation and the responsibility and
procedure of reporting suspected occurrences of child abuse,
neglect, and sexual molestation to the department or other
appropriate entity;
(2) the application of first aid; and
(3) the prevention and spread of communicable
diseases.
Sec. 42.0426. PARENTAL VISITATION. All areas of a licensed
facility must be accessible to a parent of a child who is receiving
care at the facility if the parent visits the child during the
facility's hours of operation.
SECTION 9. Sections 42.044(a), (b), and (c), Human Resources
Code, are amended to read as follows:
(a) An authorized representative of the division may visit a
facility or registered family home during operating hours to
investigate, inspect, and evaluate.
(b) The division shall inspect all licensed or certified
facilities at least once a year and may inspect other facilities or
registered family homes as necessary. At least one of the annual
visits must be unannounced and all may be unannounced.
(c) The division must investigate a facility when a
complaint is received. The department shall investigate a
registered family home when the department receives a complaint of
abuse or neglect, as defined by Section 261.001, Family Code, of a
child at the home. The division representative must notify the
facility's director or authorized representative when a complaint
is being investigated and report in writing the results of the
investigation to the director or the director's authorized
representative.
SECTION 10. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0445 to read as follows:
Sec. 42.0445. REQUIRED BACKGROUND SEARCH. (a) Before the
division issues or renews a license, registration, or certification
under this subchapter, the division shall search the central
registry of reported cases of child abuse or neglect established
under Section 261.002, Family Code, to determine whether the
applicant or the owner or an employee of the facility or family
home is listed in the registry as a person who abused or neglected
a child.
(b) The department may adopt rules to implement this
section.
SECTION 11. Section 42.052, Human Resources Code, is amended
by amending Subsection (f) and adding Subsection (h) to read as
follows:
(f) A family home may not place a public advertisement that
uses the title "registered family home" or any variation of the
phrase unless the home is registered with the division under this
chapter. Any public advertisement for a registered family home
which uses the title "registered family home" must contain a
provision in bold type stating: "THIS HOME IS REGISTERED WITH THE
DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT
LICENSED OR REGULARLY INSPECTED."
(h) The department by rule may provide for denial of an
application or renewal for registration of a family home or may
revoke a family home's registration based on the results of a
background or criminal history check.
SECTION 12. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Sections 42.057 and 42.058 to read as
follows:
Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
CHECKS. (a) In accordance with rules adopted by the department,
the operator of a family home shall, when the operator applies for
registration and at least once during each 24 months after
registration, submit to the department for use in conducting
background and criminal history checks:
(1) the name of the owner and each person employed at
the family home; and
(2) the name of each resident of the home and any
other person who will regularly or frequently be staying or working
at the home while children are being provided care.
(b) The department shall conduct background and criminal
history checks using:
(1) the information provided under Subsection (a);
(2) the information made available by the Department
of Public Safety under Section 411.114, Government Code; and
(3) the department's records of reported abuse and
neglect.
(c) The department by rule shall require a family home to
pay to the department a fee in an amount not to exceed the
administrative costs the department incurs in conducting a
background and criminal history check under this section.
Sec. 42.058. REQUIRED AFFIDAVIT FOR APPLICANTS FOR
EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a) An
applicant for temporary or permanent employment with a licensed
facility or registered family home whose employment or potential
employment with the facility or home involves direct interactions
with or the opportunity to interact and associate with children
must execute and submit the following affidavit with the
application for employment:
STATE OF____________
COUNTY OF____________
I swear or affirm under penalty of perjury that I do not now
and I have not at any time, either as an adult or as a juvenile:
1. Been convicted of;
2. Pleaded guilty to (whether or not resulting in a
conviction);
3. Pleaded nolo contendere or no contest to;
4. Admitted;
5. Had any judgment or order rendered against me (whether by
default or otherwise);
6. Entered into any settlement of an action or claim of;
7. Had any license, certification, employment, or volunteer
position suspended, revoked, terminated, or adversely affected
because of;
8. Been diagnosed as having or have been treated for any
mental or emotional condition arising from; or,
9. Resigned under threat of termination of employment or
volunteerism for;
10. Had a report of child abuse or neglect made and
substantiated against me for;
11. Have any pending criminal charges against me in this or
any other jurisdiction for;
Any conduct, matter, or thing (irrespective of formal name
thereof) constituting or involving (whether under criminal or civil
law of any jurisdiction):
1. Any felony;
2. Rape or other sexual assault;
3. Physical, sexual, emotional abuse and/or neglect of a
minor;
4. Incest;
5. Exploitation, including sexual, of a minor;
6. Sexual misconduct with a minor;
7. Molestation of a child;
8. Lewdness or indecent exposure;
9. Lewd and lascivious behavior;
10. Obscene or pornographic literature, photographs, or
videos;
11. Assault, battery, or any violent offense involving a
minor;
12. Endangerment of a child;
13. Any misdemeanor or other offense classification
involving a minor or to which a minor was a witness;
14. Unfitness as a parent or custodian;
15. Removing children from a state or concealing children in
violation of a court order;
16. Restrictions or limitations on contact or visitation
with children or minors;
17. Any type of child abduction; or,
18. Similar or related conduct, matters, or things.
Except the following (list all incidents, location,
description, and date) (if none, write NONE)
Signed________________________ Date______________.
Subscribed and sworn to (or affirmed) before me this_______day of
________________,___________.
Signature of notarial officer____________________________________.
(seal, if any, of notarial officer)
My commission expires:____________
(b) The failure or refusal of the applicant to sign or
provide the affidavit constitutes good cause for refusal to hire
the applicant.
SECTION 13. Section 42.072(a), Human Resources Code, is
amended to read as follows:
(a) The division may deny or revoke the license or
certification of approval of a facility that does not comply with
the requirements of this chapter, the standards and rules of the
department, or the specific terms of the license or certification.
The department may deny or revoke the license or certification of a
facility based on the results of a background or criminal history
check.
SECTION 14. This Act takes effect immediately, except that
Sections 3 and 7-13 of this Act take effect September 1, 1997.
SECTION 15. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force according to its
terms, and it is so enacted.