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.