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.