CJ C.S.H.B. 1826 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 1826 By: Goodman 3-27-97 Committee Report (Substituted) BACKGROUND The Texas Department of Protective and Regulatory Services (PRS) is the state agency charged with investigating abuse and neglect of children. The Texas Family Code Chapters 261-264 govern such investigations and the provision of services by PRS. Chapter 161 and numerous other Family Code provision affect PRS operations. PRS foster families, advocates, and others have identified areas within the law which need to be changed and clarified to improve PRS' ability to protect children. PURPOSE HB 1826 modifies and clarifies the law to improve PRS' ability to protect children and provide services to families affected by reports of abuse and neglect and removes obstacles to allow quicker permanent placement for children in PRS conservatorship. RULEMAKING AUTHORITY HB 1826 grants the Department of Protective and Regulatory Services rulemaking authority in SECTION 16, Sec. 261.315 and SECTION 25, Sec. 264.101(d). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 32.005(b) of the Family Code by adding the taking of photographs to the list of activities that physicians and other can take when examining and allegedly abused child. SECTION 2. Amends Section 102.003 of the Family Code by expanding the scope of who may file a suit affecting the parent-child relationship, adding foster parents with whom a child has resided for at least eighteen months. SECTION 3. Amends Section 104.002 of the Family Code by allowing recorded oral statements by a child 12 years or younger, who has observed another child 12 years or younger being abused, to be admitted in court. SECTION 4. Amends Chapter 104 of the Family Code by adding Section 104.006 allowing a statement of alleged abuse by a child 12 or younger to be admissible in court. SECTION 5. Amends Section 107.016 of the Family Code to clarify that the appointment of the attorney ad-litem for a child may continue after termination of parental rights.. SECTION 6. Amends Section 152.003(e) of the Family Code by clarifying the statute so that the 90 day provision which applies in cases of emergency jurisdiction and does not apply to actions by PRS under Chapter 262, Emergency Procedures in Suit by Governmental Entity. SECTION 7. Amends Section 155.004(a) of the Family Code to clarify that the bureau of vital statistics maintains the information regarding the court of continuing jurisdiction. SECTION 8. Amends Section 161.001 of the Family Code by adding language to clarify the definition of serious injury; permitting the termination of parental rights for one child based upon termination of rights for another child under similar provisions of the law in another state; providing statutory authority for the courts to move more quickly; terminating rights when parents have demonstrated a lack of parental involvement and the inability to provide a safe environment; and expanding the reasons why a court may order termination. SECTION 9. Amends Section 261.001(1) and adding Subdivision 7 of the Family Code by adding new language to expand the definition of abuse to include persons using controlled substances in a manner that results in physical mental or emotional abuse of a child or causing, permitting or encouraging a child to use a controlled substance. SECTION 10. Amends Section 262.101(d) of the Family Code by clarifying under what circumstances the identity of the person making the report may be disclosed. SECTION 11. Amends Section 261.201 of the Family Code by amending Subsection (c), (d), (e), and (f) and adding Subsection (g) to clarify under what circumstances a caseworker must release confidential information to the court. SECTION 12. Amends Section 261.302(b) of the Family Code by allowing the child to be transported to an appropriate place, such as a child advocacy center, for an interview. SECTION 13. Amends Sections 261.305(a)-(d) of the Family Code by allowing PRS access to medical records. SECTION 14. Amends Section 261.312(c) of the Family Code by authorizing the release of confidential information to review team members. SECTION 15. Amends Subchapter D, Chapter 261 of the Family Code by adding Section 261.315 EXEMPTION FROM FEES FOR MEDICAL RECORDS to grant PRS an exemption from fee payment for medical records. SECTION 16. Amends Section 261.406(a) and (b) of the Family Code by reflecting the name change from "Central Education Agency" to "Texas Education Agency"; allowing a perpetrator to receive a copy of the report; and directing PRS to submit a copy of the report to the agency responsible for certifying teachers. And adds (d) to allow DPRS to adopt rules to implement the section. SECTION 17. Amends Section 262.1015 of the Family Code by amending Subsections (c), (d), (f), and (g) and by adding Subsection (h). These subsections clarify the notice requirement in Section 262.109 when removing an alleged perpetrator from the home; clarify expiration for a temporary restraining order; and sets forth circumstances under which a perpetrator can be removed and a child may remain in their own home. SECTION 18. Amends Section 262.104 of the Family Code by adding language which expands PRS' authority to remove a child from a parent who is using a controlled substance. SECTION 19. Amends Section 262.201 of the Family Code by amending Subsection (c) and adding Subsection (e) to allow PRS to proceed on temporary orders in a removal proceeding without waiting for the citation by publication response time to lapse. SECTION 20. Amends Section 262.203 of the Family Code by allowing the transfer of a suit at a time other than when the initial pleadings are filed. SECTION 21. Amends Scc. 264.004 by adding (c) which allows the department to use state and federal funds to the benefit of children and families who are otherwise eligible without regard to their immigration status. SECTION 22. Amends Section 264.005 of the Family Code by allowing county child protective services board members to receive confidential information and to allow child welfare boards to conduct closed meetings to discuss confidential information. SECTION 23. Amends Sec. 264.006 of the Family Code by allow the county commissioners court to appropriate funds without regard to immigration status of children in need. SECTION 24. Amends Subchapter A, Chapter 264, of the Family Code to add Section 264.011 and 264.012 to allow the department to establish local bank accounts for children under their managing conservatorship and to appropriate fund for funeral expenses of children who die in foster care. SECTION 25. Amends Section 264.101 of the Family Code to clarify that payments may be made under this section any time after the suit is filed. SECTION 26. Amends Section 264.1015 of the Family Code to clarify that it is the child's estate that will be liable for any foster care paid for by the state. SECTION 27. Amends Section 264.104 to state that the parents and their estates are liable for the costs of foster care. SECTION 28. Amends Section 264.105 of the Family Code by requiring the department to maximize federal funds. SECTION 29. Amends Section 264.302 (c) by denying services to children found to have engaged in delinquent conduct. SECTION 30. Amends Section 264.406 to allow multi disciplinary team members to receive confidential information. SECTION 31. Amends Subchapter E, Chapter 264of the Family Code by adding Sections 264.408-264.411 264.408. outlines the use of records, their confidentiality and ownership. 264.409. authorizes contracts with statewide organizations for training and assistance. 264.410. state wide organizations who contract with the department may also contract with children's advocacy centers. 264.011. allows non-profit and public entities to contract with the children's advocacy centers if they meet certain criteria. SECTION 32. Amends Section 25.002(f) of the Education Code by deleting the requirement that when a child attempts to enroll in a public school, without a parent or guardian's permission, the school should enroll the child and notify PRS. This section also deletes the requirement to send PRS and communication intended for the parent. The school is already required to notify PRS under Section 261.101 of the Family Code. SECTION 33. Effective Date. SECTION 34. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 8. New termination grounds added (l) rewritten to eliminate vague language and to reference Penal Code section. (m) same (n) same (o) same (p) same (q) added. Specific actions required by parent, by court, and included in order are basis for termination if parent fails to comply and child has been in DPRS care for 9 months. (r) added. Allows termination if child is born addicted to alcohol or controlled substance (not prescribed by doctor). Born addicted defined 261.001(7) SECTION 9. Adds to 261.001 the definition of abuse. (l)(I) use of a controlled substance that results in physical, mental, or emotional injury to a child, (7) Born addicted to alcohol or controlled substance SECTION 16. Added requirement for DPRS to adopt rules for the investigation of abuse in public schools. SECTION 26. 264.1015 clarified that the child's estate (not the child) is liable for foster care paid for by the state. This allows PRS to use social security payments, etc. to reimburse the state for foster care. SECTION 30,31. Add the provisions of HB 536 regarding children's advocacy centers to this bill. To allow them access to confidential information and contracting abilities. SECTIONS 22-35 of the original bill were deleted. SECTION 42 of the original bill is deleted.