SRC-TNM S.B. 117 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 117
By: Zaffirini
             Health and Human Services
1-27-97
As Filed


DIGEST 

A January 1996 article in the American-Statesman reported an increase in
the number of investigations of abuse and neglect at Texas Department of
Mental Health and Mental Retardation (MHMR) facilities and community
centers since the Texas Department of Protective and Regulatory Services
(TPRS) began investigating the complaints in 1992.  The article also
stated that at the same time, the number of confirmed cases of
mistreatment decreased, raising questions about whether the unexpected
volume of work affected the outcome, and, therefore, the quality of the
investigations. 

The definitions of "abuse" and "neglect" contained in the Family Code are
vague in their content regarding children residing at MHMR facilities.
S.B. 117 clarifies that the definitions of "abuse" and "neglect" contained
in the Family Code are not applicable to TPRS's investigations of client
abuse and neglect at MHMR facilities and community centers.  

PURPOSE

As proposed, S.B. 117 defines "abuse" and "neglect" for investigative
purposes concerning children in certain facilities. 

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 Sections 261.001(1) and (4), Family Code, to redefine
"abuse" and "neglect" as the terms apply to a child who is not receiving
services in a facility operated by, regulated by, or providing services to
the child under a contract with the Texas Department of Mental Health and
Mental Retardation.   

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.