CN C.S.H.B. 1929 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 1929
BY McCLENDON
4-4-97
Committee Report (Substituted)

BACKGROUND

The Texas Juvenile Probation Commission (TJPC) has received several
complaints of alleged child abuse in juvenile pre-adjudication and
post-adjudication secure detention and correctional facilities.  The Texas
Department of Protective and Regulatory Services (TDPRS) does not have the
authority to investigate alleged child abuse or neglect in facilities that
are not licensed by TDPRS.  Secure juvenile detention and correctional
facilities are not licensed by TDPRS and, therefore, the investigation of
alleged abuse in these facilities is falling between the cracks.  This
bill would require juvenile probation officers, and juvenile detention or
correctional officers to report child abuse or neglect to a local law
enforcement agency, and would require a local law enforcement agency to
immediately notify TJPC of any report the agency receives.  

PURPOSE

The purpose of this bill is to require juvenile probation officers, and
juvenile detention or correctional officers to report child abuse or
neglect to a local law enforcement agency, and to require a local law
enforcement agency to immediately notify TJPC of any report the agency
receives. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Section 261.101(b), Family Code, is amended to require
juvenile probation officers, and juvenile detention or correctional
officers to report child abuse or neglect not later than 48 hours after
the professional first suspects child abuse or neglect.  This section
further provides that the professional may not delegate or rely on another
person to make the report.  

SECTION 2.  Section 261.405, Family Code, is amended to require that a
report of alleged child abuse or neglect in a juvenile pre-adjudication
detention facility, or post-adjudication secure correctional facility, is
made to a local law enforcement agency, and to require a local law
enforcement agency to immediately notify TJPC of any report the agency
receives.   

SECTION 3.  Effective Date.  

SECTION 4.  Emergency Clause.  


CJ H.B. 1929 75(R)

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 2. The substitute removes the term "correctional" from the title
of TFC Sec. 261.405, the substitute title reads: Investigations in
Pre-Adjudication and Post-Adjudication Secure Juvenile Facilities.  


 The substitute adds language clarifying that abuse or neglect occurring
in a public or private preadjudication secure detention facility, or
public or private juvenile post-adjudication secure correctional facility
shall be reported ot local law enforcement for investigation. The original
bill referred only to abuse and neglect in pre or post-adjudication secure
correctional facilities, and not in detention facilities.