SRC-CDH H.B. 1929 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1929
By: McClendon (Zaffirini)
Health & Human Services
5-1-97
Committee Report (Amended)


DIGEST 

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. However,
because secure juvenile detention and correctional facilities are not
licensed by the Texas Department of Protective and Regulatory Services
(DPRS),  DPRS does not have the authority to investigate alleged child
abuse or neglect in those facilities.  Concern has been raised that the
investigation of alleged abuse in these facilities has suffered as a
result.  H.B. 1929 would require juvenile probation officers and juvenile
detention or correctional officers to report child abuse or neglect to a
local law enforcement agency, with certain exceptions, and would require a
local law enforcement agency to immediately notify TJPC of any report the
agency receives.   

PURPOSE

As proposed, H.B. 1929 provides for the investigation and reporting of
child abuse or neglect. 

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 261.101(b), Family Code, to provide that the
term "professional" includes juvenile probation officers and juvenile
detention or correctional officers.  Makes a conforming change. 

SECTION 2. Amends Section 261.405, Family Code, as follows:

Sec. 261.405.  New heading:  INVESTIGATIONS IN PRE-ADJUDICATION AND
POSTADJUDICATION SECURE JUVENILE FACILITIES.  Requires a report of alleged
abuse or neglect in a public or private juvenile pre-adjudication secure
detention facility, including hold-over facilities, or public or private
juvenile post-adjudication secure correctional facility, except for a
facility operated solely for children committed to the Texas Youth
Commission, to be made to a local law enforcement agency for
investigation.  Requires the local law enforcement agency to immediately
notify the Texas Juvenile Probation Commission of any report the agency
receives. 

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.   

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, line 20, replaces Section 261.405, Family Code, with a new Section
261.405, to include hold-over facilities among those juvenile
pre-adjudication secure detention facilities to which this section
applies.  Exempts a facility operated solely for children committed to the
Texas Youth Commission from the application of this section.