CLC H.B. 2250 75(R)BILL ANALYSIS HUMAN SERVICES H.B. 2250 By: Wise 4-16-97 Committee Report (Unamended) BACKGROUND 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. Many states are becoming increasingly aware that some types of child abuse and neglect should not be handled solely by child protective services agencies within the family court. Cases of child abuse, neglect, and exploitation are highly complex and involve many different issues including the child's physical, mental and emotional health, and legal concerns such as custody determinations and termination of parental rights. Difficult cases should also be investigated by law enforcement agencies and criminally prosecuted as well. Law enforcement officers are trained in gathering physical evidence and extracting admissions and confessions, while CPS caseworkers are skilled in interpreting psychological evidence and interviewing children. Some state statutes now require that child protective services agencies notify law enforcement in cases of physical abuse, neglect, sexual abuse, sexual exploitation, and/or death of a child. Simultaneous investigations, however, may be duplicating, overly time consuming, and conflicting. As a result, some states require joint investigations pairing a law enforcement officer with a child protective services worker, therefore 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. PURPOSE The main purpose of this legislation is to offer added protection for children in cases of child abuse or neglect by enhancing the community education and required training for DPRS personnel relating to child abuse and neglect. It also adds a multi disciplinary team approach to the type of services relating to child abuse and neglect that is offered to clients. It defines what the multi disciplinary team approach should be and how it should function to provide the necessary services to clients. Finally, the legislation enhances the protection of children by adding an immediacy or expediency provision when it comes to reporting, to local or state law enforcement agencies, cases of alleged abuse or neglect against a person responsible for a child's care, custody, or welfare. RULEMAKING AUTHORITY This bill provides rulemaking authority to the Department of Protective and Regulatory Services in Section 4 (Section 40.0522(b) of the Human Resource Code. SECTION BY SECTION ANALYSIS SECTION 1.Amends the Family Code, Section 261.105(a) by adding the word "immediately," to the expediency with which all local or state law enforcement agencies should respond when involved in cases of alleged abuse or neglect against a person responsible for a child's care, custody, or welfare. SECTION 2.Amends the Family Code, Section 261.301(a) by stating that with assistance from the appropriate state or local law enforcement agency, the department or designated agency shall 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. SECTION 3.Amends the Human Resources Code, Section 40.052, relating to the type of training personnel from DPRS must receive when it comes to delivery of services to clients. It adds a provision calling for the type of joint training that should be offered 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. SECTION 4.Amends Subchapter C, Chapter 40, of the Human Resources Code, by adding Sections 40.0521 and 40.0522. SECTION 40.0521. COMMUNITY EDUCATION AND TRAINING RELATING TO CHILD ABUSE OR NEGLECT Instructs the department to conduct community education programs in preventing, identifying, and treating cases of child abuse and neglect. Requires the department to make training concerning child abuse and neglect available to professionals required to report, investigate or litigate those cases. SECTION 40.0522. MULTI DISCIPLINARY TEAMS Instructs the department to establish multi-disciplinary teams to provide services relating to a report of child abuse or neglect. Provides for team membership, instructions regarding exchange of information relating to reports of abuse/neglect, and coordination of services provided by the department. The department is instructed to establish a process by which members of a multi disciplinary team are involved in the department's development and implementation of procedures relating to coordination of the department's child abuse or neglect services with services provided by other public and private agencies. SECTION 5.Amends Section 40.061(a) of the Human Resources Code by adding members of a multi disciplinary team as established under Section 40.0522 to the current list of professionals immune from 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 6.Emergency clause.