SRC-HRD H.B. 2250 75(R) BILL ANALYSIS
Senate Research Center H.B. 2250
By: Wise (Gallegos)
Health & Human Services
5-16-97
Engrossed
DIGEST
Currently, law enforcement and child protection agencies in Texas are not
required to share information regarding certain types of child abuse and
neglect. In addition, state laws generally do not require a child
protective services agency to investigate reports of child abuse and
neglect not caused by a person responsible for the child's welfare.
Similarly, if a police department receives a report of child abuse,
neglect, sexual abuse, or sexual exploitation committed by a person
responsible for the child's welfare, the police department is not required
to notify the appropriate child protective services agency immediately.
A number of states have enacted legislation regarding the handling and
investigation of some types of child abuse and neglect to include other
agencies in addition to the child protective services agencies. Statutes
in other states now require that child protective services agencies notify
law enforcement agencies in cases of physical abuse, neglect, sexual
abuse, sexual exploitation, and/or death of a child. There are concerns,
however, that simultaneous investigations may be duplicative.
As a result, some states require joint investigations pairing a law
enforcement officer with a child protective services worker, thereby
necessitating joint training. Others states have developed the child
protection team concept, which ensures the involvement of a seasoned group
of community professionals from different disciplines such as law,
medicine, mental health, social work, and law enforcement. Such teams
review the handling of reports, medical and mental health needs of the
family, services being offered to address those needs, treatment goals,
and progress and anticipated outcome of any legal proceedings resulting
from the report. Teams also take the lead in planning and conducting
training, community awareness, and prevention and education programs.
This legislation would offer added protection for children in cases of
child abuse or neglect by enhancing the community education and required
training for Department of Protective and Regulatory Services personnel
relating to child abuse and neglect. This bill also provides for a
multidisciplinary team approach to the type of services relating to child
abuse and neglect that is offered to clients. In addition, H.B. 2250
would give the department additional authority in certain investigations.
Finally, the legislation enhances the protection of children by adding an
immediacy or expediency provision regarding the reporting of cases of
alleged abuse or neglect against a person responsible for a child's care,
custody, or welfare to local or state law enforcement agencies.
PURPOSE
As proposed, H.B. 2250 enhances child protective services provided by the
Department of Protective and Regulatory Services.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Department of Protective and
Regulatory Services under SECTION 10 (Section 42.0445(b), Human Resources
Code), SECTION 11 (Section 42.052(h), Human Resources Code), and SECTION
12 (Section 42.057, Human Resources Code), in this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 261.105(a), Family Code, to require 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
to be referred immediately to the Department of Protective and Regulatory
Services (department) or the designated agency.
SECTION 2. Amends Section 261.301(a), Family Code, to require the
department or designated agency, with assistance from the appropriate
state or local law enforcement agency, to 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. Requires
the department to inform any local or state law enforcement agency,
including the office of the district attorney in the county in which the
child resides, is located, or was located at the time of the reported
incident, of all reports concerning the abuse or neglect of a child.
SECTION 3. Amends Section 411.114, Government Code, to require the
Department of Protective and Regulatory Services to obtain from the
Department of Public Safety (DPS) criminal history record information
maintained by the department that relates to certain persons. Provides
that the Department of Protective and Regulatory Services is entitled to
obtain from DPS criminal history record information maintained by the
department that relates to certain persons. Requires DPS, subject to
Section 411.087, to obtain certain information from the Federal Bureau of
Investigation and other criminal justices agencies. Sets forth provisions
regarding the failure or refusal to provide a complete set of fingerprints
or a complete name on request. Authorizes the department to charge an
organization or person that requests criminal history record information
under Subsection (a)(3), rather than (a)(2), a fee in an amount necessary
to cover the costs of obtaining the information on the organization's or
person's behalf. Makes conforming changes.
SECTION 4. Amends Section 40.052, Human Resources Code, to require the
department to 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. Makes
conforming changes.
SECTION 5. Amends Chapter 40C, Human Resources Code, by adding Sections
40.0522 and 40.0523, as follows:
Sec. 40.0522. COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD ABUSE OR
NEGLECT. Requires the department to make certain assurances regarding
community education and training relating to child abuse or neglect.
Sec. 40.0523. MULTIDISCIPLINARY TEAMS. Requires the department, to the
extent possible, to establish multidisciplinary teams to provide services
relating to a report of child abuse or neglect. Sets forth provisions and
requirements regarding a multidisciplinary team.
SECTION 6. Amends Section 40.061(a), Human Resources Code, to provide that
a department employee, a member of a multidisciplinary team established
under Section 40.0523, or an authorized department volunteer who performs
a departmental duty or responsibility is immune for 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. Amends Chapter 40C, Human Resources Code, by adding Section
40.066, as follows:
Sec. 40.066. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT. Requires
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, to execute and submit a certain affidavit with the application
for employment. Sets forth the affidavit. Provides that the failure or
refusal to sign or provide the affidavit constitutes good cause for
refusal to hire the applicant.
SECTION 8. Amends Chapter 42C, Human Resources Code, by adding Sections
42.0425 and 42.0426, as follows:
Sec. 42.0425. TRAINING OF PERSONNEL. Requires a licensed facility or
registered family home to provide training for staff members in certain
subject areas.
Sec. 42.0426. PARENTAL VISITATION. Requires all areas of a licensed
facility to 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. Amends Sections 42.044(a), (b), and (c), Human Resources Code,
to authorize an authorized representative of the division designated by
the department to carry out the provisions of this chapter (division) to
visit a facility or registered family home during operating hours to
investigate, inspect, and evaluate. Requires the division to inspect all
licensed or certified facilities at least once a year and to inspect other
facilities or registered family homes as necessary. Requires the
department to 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.
SECTION 10. Amends Chapter 42C, Human Resources Code, by adding Section
42.0445, as follows:
Sec. 42.0445. REQUIRED BACKGROUND SEARCH. Requires the division before
renewing or issuing a license, registration, or certification under this
subchapter, to 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. Authorizes the department to adopt rules to
implement this section.
SECTION 11. Amends Section 42.052, Human Resources Code, by amending
Subsection (f) and adding Subsection (h), to require any public
advertisement for a registered family home which uses the title
"registered family home" to contain a provision in bold type stating:
"THIS HOME IS REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY
SERVICES BUT IT NOT LICENSED OR REGULARLY INSPECTED." Authorizes the
department, by rule, to provide for denial of an application or renewal
for registration of a family home or to revoke a family home's
registration based on the results of a background or criminal history
check.
SECTION 12. Amends Chapter 42C, Human Resources Code, by adding Sections
42.057 and 42.058, as follows:
Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. Requires
the operator of a family home, in accordance with rules adopted by the
department, and when the operator applies for registration and at least
once during each 24 months after registration, to submit certain
information to the department for use in conducting background and
criminal history checks. Requires the department to conduct background
and criminal history checks using certain information. Requires the
department, by rule, to 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. Requires 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, to execute and submit a certain affidavit with
the application for employment. Sets forth the affidavit. Provides that
the failure or refusal to sign or provide the affidavit constitutes good
cause for refusal to hire the applicant.
SECTION 13. Amends Section 42.072(a), Human Resources Code, to authorize
the department to deny or revoke the license or certification of a
facility based on the results of a background or criminal history check.
SECTION 14. Provides that this Act takes effect immediately, except that
SECTIONS 3 and 7-13 of this Act take effect September 1, 1997.
SECTION 15. Emergency clause.
Effective date: upon passage.