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.