SRC-SLL H.B. 1336 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1336
By: Wise (Zaffirini)
Jurisprudence
5-13-97
Engrossed


DIGEST 

Currently, state child abuse and neglect laws authorize child protective
services caseworkers and, in most instances, law enforcement officers to
take a child into emergency custody when a child is in imminent danger of
being physically or sexually abused.  Additionally, some state domestic
violence laws authorize court orders to be issued to protect a child, but
others do not.  This bill will provide regulations regarding the emergency
protection of children and the issuance of a legislative continuance in an
action for a protective order. 

PURPOSE

As proposed, H.B. 1336 provides regulations regarding the emergency
protection of children and the issuance of a legislative continuance in an
action for a protective order 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 262.101, Family Code, to require a petition or
affidavit filed by a governmental entity requesting permission to take
possession of a child in an emergency to state facts sufficient to satisfy
a person of ordinary prudence and caution that the child has been a victim
of neglect, among other requirements. 

SECTION 2. Amends Section 262.102, Family Code, by adding Subsection (c),
to require the court to render a temporary order under Chapter 71 for the
protection of the child if, based on the recommendation of or a request by
the Texas Department of Protective and Regulatory Services (DPRS), the
court finds that the child abuse or neglect has occurred and that the
child requires protection from family violence by a member of the child's
family or household.  Defines "family violence." 

SECTION 3. Amends Section 262.201(c), Family Code, to require the court to
render a protective order under Chapter 71 for the child, if the court
finds that the child requires protection from family violence by a member
of the child's family or household.  Defines "family violence." 

SECTION 4. Amends Section 71.09(a), Family Code, to provide that, if a
proceeding for which a legislative continuance is sought under Section
30.003, Civil Practice and Remedies Code, includes an application for a
protective order authorized by this code, the continuance is discretionary
with the court. 

SECTION 5. Emergency clause.
  Effective date: upon passage.