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.