By Goodman H.B. No. 536 75R2676 MCK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulation of children's advocacy centers. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 264.406, Family Code, is amended by 1-5 adding Subsection (f) to read as follows: 1-6 (f) When acting in the member's official capacity, a 1-7 multidisciplinary team member is authorized to receive information 1-8 made confidential by Section 40.005, Human Resources Code, or 1-9 Section 261.201 or 264.408. 1-10 SECTION 2. Subchapter E, Chapter 264, Family Code, is 1-11 amended by adding Sections 264.408-264.411 to read as follows: 1-12 Sec. 264.408. USE OF INFORMATION AND RECORDS; 1-13 CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records, 1-14 communications, and working papers used or developed in providing 1-15 services under this chapter are confidential and not subject to 1-16 public release under Chapter 552, Government Code, and may only be 1-17 disclosed for purposes consistent with this chapter. Disclosure 1-18 may be to: 1-19 (1) the department, department employees, law 1-20 enforcement agencies, prosecuting attorneys, medical professionals, 1-21 and other state agencies that provide services to children and 1-22 families; and 1-23 (2) the attorney for the child who is the subject of 1-24 the records and a court-appointed volunteer advocate appointed for 2-1 the child under Section 107.031. 2-2 (b) Information related to the investigation of a report of 2-3 abuse or neglect under Chapter 261 and services provided as a 2-4 result of the investigation is confidential as provided by Section 2-5 261.201. 2-6 (c) The department, a law enforcement agency, and a 2-7 prosecuting attorney may share with a center information that is 2-8 confidential under Section 261.201 as needed to provide services 2-9 under this chapter. Confidential information shared with or 2-10 provided to a center remains the property of the agency that shared 2-11 or provided the information to the center. 2-12 (d) A videotaped interview of a child made at a center is 2-13 the property of the prosecuting attorney involved in the criminal 2-14 prosecution of the case involving the child. If no criminal 2-15 prosecution occurs, the videotaped interview is the property of the 2-16 attorney involved in representing the department in a civil action 2-17 alleging child abuse or neglect. If the matter involving the child 2-18 is not prosecuted, the videotape is the property of the department 2-19 if the matter is an investigation by the department of abuse or 2-20 neglect. If the department is not investigating or has not 2-21 investigated the matter, the videotape is the property of the 2-22 agency that referred the matter to the center. If the center 2-23 employs a custodian of records for videotaped interviews of 2-24 children, the center is responsible for the custody of the 2-25 videotape. A videotaped interview may be shared with other 2-26 agencies under a written agreement. 2-27 (e) The department shall be allowed access to a center's 3-1 videotaped interviews of children. 3-2 Sec. 264.409. ADMINISTRATIVE CONTRACTS. The department may 3-3 contract with a statewide organization of individuals or groups of 3-4 individuals who have expertise in the establishment and operation 3-5 of children's advocacy center programs. The statewide organization 3-6 shall provide training, technical assistance, and evaluation 3-7 services for local children's advocacy center programs. 3-8 Sec. 264.410. CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS. 3-9 (a) The statewide organization with which the department contracts 3-10 under Section 264.409 shall contract for services with eligible 3-11 centers to enhance the existing services of the programs. 3-12 (b) The contract under this section may not result in 3-13 reducing the financial support a local center receives from another 3-14 source. 3-15 Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public 3-16 entity or nonprofit entity is eligible for a contract under Section 3-17 264.410 if the entity: 3-18 (1) has a signed memorandum of understanding as 3-19 provided by Section 264.403; 3-20 (2) operates under the authority of a governing board 3-21 as provided by Section 264.404; 3-22 (3) has a multidisciplinary team of persons involved 3-23 in the investigation or prosecution of child abuse cases or the 3-24 delivery of services as provided by Section 264.406; 3-25 (4) holds regularly scheduled case reviews as provided 3-26 by Section 264.405; 3-27 (5) operates in a neutral and physically separate 4-1 space from the day-to-day operations of any public agency partner; 4-2 (6) has developed a method of statistical information 4-3 gathering on children receiving services through the center and 4-4 shares such statistical information with the statewide organization 4-5 and the department when requested; 4-6 (7) has an in-house volunteer program; 4-7 (8) employs an executive director who is answerable to 4-8 the board of directors of the entity and who is not the exclusive 4-9 salaried employee of any public agency partner; and 4-10 (9) operates under a working protocol that includes a 4-11 statement of: 4-12 (A) the center's mission; 4-13 (B) each agency's role and commitment to the 4-14 center; 4-15 (C) the type of cases to be handled by the 4-16 center; and 4-17 (D) procedure for case reviews. 4-18 (b) The statewide organization may waive the requirements 4-19 specified in Subsection (a) if it determines that the waiver will 4-20 not adversely affect the center's ability to carry out its duties 4-21 under Section 264.405. Any waiver that is granted must be 4-22 identified in the written contract with the center. If a request 4-23 for a waiver is denied, an appeal of the decision may be made to 4-24 the department's executive director, who may reverse the decision. 4-25 If the executive director approves a request for a waiver on 4-26 appeal, the statewide organization shall contract with the center 4-27 and shall include the waiver in the contract. 5-1 SECTION 3. The importance of this legislation and the 5-2 crowded condition of the calendars in both houses create an 5-3 emergency and an imperative public necessity that the 5-4 constitutional rule requiring bills to be read on three several 5-5 days in each house be suspended, and this rule is hereby suspended, 5-6 and that this Act take effect and be in force from and after its 5-7 passage, and it is so enacted.