SRC-SLL S.B. 1846 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1846
By: Harris
Jurisprudence
5-22-97
As Filed


DIGEST 

The Department of Protective and Regulatory Services is the state agency
charged with investigating abuse and neglect of children.  Foster
families, advocates, and others have identified areas within the law which
need to be changed or clarified to improve the department's ability to
protect children. This bill provides additional regulations regarding the
Department of Protective and Regulatory Services, the protection of
children from abuse and neglect, and the conservatorship of children. 

PURPOSE

As proposed, S.B. 1846 provides additional regulations regarding the
Department of Protective and Regulatory Services, the protection of
children from abuse and neglect, and the conservatorship of children.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Board of Protective and Regulatory
Services in SECTION 23 (Section 264.101(d), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 32.005(b), Family Code, to authorize an
examination under this section to include photographs. 

SECTION 2. Amends Section 102.003, Family Code, to authorize an original
suit to be filed at any time by a person who is the foster parent of a
child placed by the Department of Protective and Regulatory Services
(department) in the person's home for a period of not less than 18 months
preceding the date of the filing of the petition. 

SECTION 3. Amends Section 107.016, Family Code, to authorize an order
appointing the department as the child's managing conservator to provide
for the continuation of the attorney ad litem appointment for the child
for any period set by the court. 

SECTION 4. Amends Section 152.003(e), Family Code, to provide that this
subsection does not apply to an order rendered in a suit brought under
Chapter 262. 

SECTION 5. Amends Section 155.004(a), Family Code, to provide that a court
of this state loses its continuing, exclusive jurisdiction to modify its
order if another court assumed jurisdiction over a suit and rendered a
final order based on incorrect information received from the bureau of
vital statistics, rather than the department, that there was no court of
continuing, exclusive jurisdiction. 

SECTION 6. Amends Section 161.001, Family Code, to authorize the court to
order the termination of the parent-child relationship if the court finds
by clear and convincing evidence that the parent has committed certain
acts. 

SECTION 7. Amends Section 261.001(1), Family Code, redefine "abuse."

SECTION 8. Amends Section 261.101(d), Family Code, to authorize the
identity of an individual making a report under this chapter to be
disclosed only on the order of a court rendered under  Section 261.201. 

SECTION 9. Amends Section 261.201, Family Code, by amending Subsections
(c)-(f), and adding Subsection (g), to authorize a court on its own motion
to order disclosure of information that is confidential under this section
if certain criteria are met.  Redesignates subsequent subsections. 

SECTION 10. Amends Section 261.302(b), Family Code, to authorize an
interview with a child to include transporting the child for purposes
relating to the interview or investigation. 

SECTION 11. Amends Sections 261.305(a)-(d), Family Code, to authorize an
investigation to include an inquiry into the possibility that the child, a
parent, or a person responsible for the care of the child has a history of
medical illness.  Makes conforming changes. 

SECTION 12. Amends Section 261.312(c), Family Code, to authorize a review
team member acting in the member's official capacity to receive
information made confidential under Section 40.005, Human Resources Code,
or Section 261.201.  Deletes existing text regarding the disclosure of
information to a review team. 

SECTION 13. Amends Chapter 261D, Family Code, by adding Section 261.315,
as follows: 

Sec.  261.315.  EXEMPTION FROM FEES FOR MEDICAL RECORDS.  Provides that
the department is exempt from the payment of a fee otherwise required or
authorized by law to obtain a medical record from a hospital or health
care provider if the request for a record is made in the course of an
investigation by the department. 

SECTION 14. Amends Sections 261.406(a) and (b), Family Code, to require
the department, on receipt of a report of alleged or suspected abuse or
neglect of a child in a public or private school under the jurisdiction of
the Texas Education Agency, rather than the Central Education Agency, to
perform an investigation.  Sets forth regulations regarding the release of
a written report of the department's investigation.  Provides that Section
261.201(b) applies to the release of confidential information relating to
the investigation of a report of abuse or neglect under this section and
to the identity of the person who made the report of abuse or neglect. 

SECTION 15. Amends Section 262.1015, Family Code, by amending Subsections
(c)-(f), and (g), and by adding Subsection (h), to delete a reference to
Section 262.109.  Provides that a temporary restraining order under this
section expires not later than the 14th, rather than 10th, day after the
date the order was rendered.  Deletes existing text regarding the removal
of an alleged perpetrator. Requires the court to order the removal of an
alleged perpetrator if the court finds that certain conditions are met.
Redesignates subsequent subsections. 

SECTION 16. Amends Section 262.104, Family Code, to authorize certain
persons to take possession of a child without a court order only on
information furnished by another that has been corroborated by personal
knowledge of facts and all of which taken together would lead a person of
ordinary prudence and caution to believe that the parent or person who has
possession of the child is currently using a controlled substance as
defined by Chapter 481, Health and Safety Code, and the use constitutes an
immediate danger to the physical health or safety of the child. 

SECTION 17. Amends Section 262.201, Family Code, by amending Subsection
(c) and adding Subsection (e), to require the court, if the court finds
sufficient evidence to satisfy a person of ordinary prudence and caution
that there is a continuing danger to the physical health or safety of the
child and for the child to remain in the home is contrary to the welfare
of the child, to inform each parent of the child in open court that
parental and custodial rights and duties may be subject to restriction or
termination unless that parent is willing and able to provide the child
with a safe environment.  Authorizes the court, when citation has been
made by publication for a parent because the location of the parent is
unknown, to render a temporary order without delay at any time after the
date of the publication of citation. 

SECTION 18. Amends Section 262.203, Family Code, to provide that a motion
to transfer under this section is timely if made at any time after the
date a suit was filed under this chapter, notwithstanding  Section
155.204.  Make a conforming change. 

SECTION 19. Amends Section 264.004, Family Code, by adding Subsection (c),
to authorize the department to use state and federal funds to provide
benefits or services to children and families who are otherwise eligible
for the benefits or services, including certain services without regard to
the immigration status of the child or child's family. 

SECTION 20. Amends Section 264.005, Family Code, by adding Subsections (f)
and (g), to authorize a county child protective services board member to
receive information that is confidential under Section 40.005, Human
Resources Code, or Section 261.201, when the board member is acting in the
member's official capacity.  Authorizes a child welfare board to conduct a
closed meeting under Section 551.101, Government Code, to discuss,
consider, or act on a matter that is confidential under Section 40.005,
Human Resources Code, or Section 261.201. 

SECTION 21. Amends Section 264.006, Family Code, to make a conforming
change. 

SECTION 22. Amends Chapter 264A, Family Code, by adding Sections 264.011
and 264.012, as follows: 

Sec.  264.011.  LOCAL ACCOUNTS.  Sets forth regulations for a bank or
savings account for a child who is under the managing conservatorship of
the department. 

Sec.  264.012.  FUNERAL EXPENSES FOR CHILD IN FOSTER CARE.  Authorizes the
department to spend funds appropriated for the child protective services
program to pay reasonable and necessary funeral expenses for a child for
whom the department has been appointed managing conservator and who dies
in foster care. 

SECTION 23. Amends Section 264.101, Family Code, to authorize the
department to pay the cost of foster care for certain children.  Deletes
existing text regarding the aid to families with dependent children
program.  Prohibits the department from paying the cost of protective
foster care for a child for whom the department has been named managing
conservator under an order rendered solely under Section 161.001(1)(J),
rather than Section 161.001.  Requires the payment for foster care for a
child as authorized under this subchapter to be made without regard to the
child's eligibility for federally funded care.  Deletes existing text
regarding to total amount of payments.  Sets forth regulations regarding
the payment of foster care.  Defines "child." 

SECTION 24. Amends Chapter 264A, Family Code, by adding Section 264.1015,
as follows: 

Sec.  264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.  Provides
that the cost of foster care provided for a child, including medical care,
is an obligation of the child, and the estate of the child is liable to
the department for the cost of the care. Authorizes the department to take
action to recover from the estate of the child the cost of foster care for
the child. 

SECTION 25. Amends Section 264.104, Family Code, by amending Subsection
(b), and adding Subsection (c), to provide that the cost of foster care
for a child, including medical care, is a legal obligation of the child's
parents, and the estate of a parent of the child is liable to the
department for payment of the costs.  Redesignates subsequent subsection. 

SECTION 26. Amends Section 264.105, Family Code, as follows:

Sec.  264.105.  New heading: MEDICAL SERVICES PAYMENTS.  Requires the
department to attempt to maximize the use of federal funding to provide
medical care payments authorized by Section 264.101(c).  Deletes existing
text prohibiting medical service payments under certain conditions. 

SECTION 27. Amends Section 25.002(f), Education Code, to delete existing
text regarding the enrollment of a child for school. 

 SECTION 28. Repealer: Section 261.312(e), Family Code (Review Teams;
Offense). 

SECTION 29. Makes application of this Act retroactive.

SECTION 30. Emergency clause.
  Effective date: 90 days after adjournment.