By Goodman, Naishtat, et al.                          H.B. No. 1826

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the Department of Protective and Regulatory Services,

 1-3     the protection of children from abuse and neglect, and the

 1-4     conservatorship of children.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 32.005(b), Family Code, is amended to

 1-7     read as follows:

 1-8           (b)  An examination under this section may include X-rays,

 1-9     blood tests, photographs, and penetration of tissue necessary to

1-10     accomplish those tests.

1-11           SECTION 2.  Section 261.107, Family Code, is amended to read

1-12     as follows:

1-13           Sec. 261.107.  FALSE REPORT; PENALTY.  A person commits an

1-14     offense if the person knowingly or intentionally makes a report as

1-15     provided in this chapter that the person knows is false or lacks

1-16     factual foundation. An offense under this section [subsection] is a

1-17     Class A [B] misdemeanor.

1-18           SECTION 3.  Section 102.003, Family Code, is amended to read

1-19     as follows:

1-20           Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original

1-21     suit may be filed at any time by:

1-22                 (1)  a parent of the child;

1-23                 (2)  the child through a representative authorized by

1-24     the court;

 2-1                 (3)  a custodian or person having the right of

 2-2     visitation with or access to the child appointed by an order of a

 2-3     court of another state or country;

 2-4                 (4)  a guardian of the person or of the estate of the

 2-5     child;

 2-6                 (5)  a governmental entity;

 2-7                 (6)  an authorized agency;

 2-8                 (7)  a licensed child placing agency;

 2-9                 (8)  a man alleging himself to be the biological father

2-10     of a child filing in accordance with Chapter 160, subject to the

2-11     limitations of Section 160.101, but not otherwise;

2-12                 (9)  a person who has had actual care, control, and

2-13     possession of the child for not less than six months preceding the

2-14     filing of the petition;

2-15                 (10)  a person designated as the managing conservator

2-16     in a revoked or unrevoked affidavit of relinquishment under Chapter

2-17     161 or to whom consent to adoption has been given in writing under

2-18     Chapter 162; [or]

2-19                 (11)  a person with whom the child and the child's

2-20     guardian, managing conservator, or parent have resided for not less

2-21     than six months preceding the filing of the petition if the child's

2-22     guardian, managing conservator, or parent is deceased at the time

2-23     of the filing of the petition; or

2-24                 (12)  a person who is the foster parent of a child

2-25     placed by the Department of Protective and Regulatory Services in

2-26     the person's home for a period of not less than 18 months preceding

2-27     the date of the filing of the petition.

 3-1           SECTION 4.  Section 104.002, Family Code, is amended to read

 3-2     as follows:

 3-3           Sec. 104.002.  PRERECORDED STATEMENT OF CHILD.  If a child 12

 3-4     years of age or younger is alleged in a suit under this title to

 3-5     have been abused or to have observed another child 12 years of age

 3-6     or younger being abused, the recording of an oral statement of the

 3-7     child  recorded prior to the proceeding is admissible into evidence

 3-8     if:

 3-9                 (1)  no attorney for a party was present when the

3-10     statement was made;

3-11                 (2)  the recording is both visual and aural and is

3-12     recorded on film or videotape or by other electronic means;

3-13                 (3)  the recording equipment was capable of making an

3-14     accurate recording, the operator was competent, and the recording

3-15     is accurate and has not been altered;

3-16                 (4)  the statement was not made in response to

3-17     questioning calculated to lead the child to make a particular

3-18     statement;

3-19                 (5)  each voice on the recording is identified;

3-20                 (6)  the person conducting the interview of the child

3-21     in the recording is present at the proceeding and available to

3-22     testify or be cross-examined by either party;  and

3-23                 (7)  each party is afforded an opportunity to view the

3-24     recording before it is offered into evidence.

3-25           SECTION 5.  Chapter 104, Family Code, is amended by adding

3-26     Section 104.006 to read as follows:

3-27           Sec. 104.006.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  In a

 4-1     suit affecting the parent-child relationship, a statement made by a

 4-2     child 12 years of age or younger that describes alleged abuse

 4-3     against the child, without regard to whether the statement is

 4-4     otherwise inadmissible as hearsay, is admissible as evidence if, in

 4-5     a hearing conducted outside the presence of the jury, the court

 4-6     finds that the time, content, and circumstances of the statement

 4-7     provide sufficient indications of the statement's reliability and:

 4-8                 (1)  the child testifies or is available to testify at

 4-9     the proceeding in court or in any other manner provided for by law;

4-10     or

4-11                 (2)  the court determines that the use of the statement

4-12     in lieu of the child's testimony is necessary to protect the

4-13     welfare of the child.

4-14           SECTION 6.  Section 107.016, Family Code, is amended to read

4-15     as follows:

4-16           Sec. 107.016.  CONTINUED REPRESENTATION.   In a suit brought

4-17     by a governmental entity seeking termination of the parent-child

4-18     relationship or appointment of the entity as conservator of the

4-19     child, an order appointing the Department of Protective and

4-20     Regulatory Services as the child's managing conservator may provide

4-21     for the continuation of the attorney ad litem appointment for the

4-22     child for any period set by the court.

4-23           SECTION 7.  Section 152.003(e), Family Code, is amended to

4-24     read as follows:

4-25           (e)  A court that has jurisdiction of a suit under Subsection

4-26     (a)(3) for which a court in another state may exercise jurisdiction

4-27     under prerequisites substantially in accordance with Subsection

 5-1     (a)(1) or (2) may enter only a temporary order to protect the

 5-2     child.  The suit shall be dismissed in this state on the date a

 5-3     court of competent jurisdiction in another state signs an order in

 5-4     the suit or on the 91st day after the date the court in this state

 5-5     exercised its jurisdiction, whichever date occurs first.  This

 5-6     subsection does not apply to a suit brought under Chapter 262.

 5-7           SECTION 8.  Section 155.004(a), Family Code, is amended to

 5-8     read as follows:

 5-9           (a)  A court of this state loses its continuing, exclusive

5-10     jurisdiction to modify its order if:

5-11                 (1)  an order of adoption is rendered after the court

5-12     acquires continuing, exclusive jurisdiction of the suit;

5-13                 (2)  the parents of the child have remarried each other

5-14     after the dissolution of a previous marriage between them and file

5-15     a suit for the dissolution of their subsequent marriage combined

5-16     with a suit affecting the parent-child relationship as if there had

5-17     not been a prior court with continuing, exclusive jurisdiction over

5-18     the child; or

5-19                 (3)  another court assumed jurisdiction over a suit and

5-20     rendered a final order based on incorrect information received from

5-21     the bureau of vital statistics [Department of Protective and

5-22     Regulatory Services] that there was no court of continuing,

5-23     exclusive jurisdiction.

5-24           SECTION 9.  Section 161.001, Family Code, is amended to read

5-25     as follows:

5-26           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

5-27     RELATIONSHIP.  The court may order termination of the parent-child

 6-1     relationship if the court finds by clear and convincing evidence:

 6-2                 (1)  that the parent has:

 6-3                       (A)  voluntarily left the child alone or in the

 6-4     possession of another not the parent and expressed an intent not to

 6-5     return;

 6-6                       (B)  voluntarily left the child alone or in the

 6-7     possession of another not the parent without expressing an intent

 6-8     to return, without providing for the adequate support of the child,

 6-9     and remained away for a period of at least three months;

6-10                       (C)  voluntarily left the child alone or in the

6-11     possession of another without providing adequate support of the

6-12     child and remained away for a period of at least six months;

6-13                       (D)  knowingly placed or knowingly allowed the

6-14     child to remain in conditions or surroundings which endanger the

6-15     physical or emotional well-being of the child;

6-16                       (E)  engaged in conduct or knowingly placed the

6-17     child with persons who engaged in conduct which endangers the

6-18     physical or emotional well-being of the child;

6-19                       (F)  failed to support the child in accordance

6-20     with his ability during a period of one year ending within six

6-21     months of the date of the filing of the petition;

6-22                       (G)  abandoned the child without identifying the

6-23     child or furnishing means of identification, and the child's

6-24     identity cannot be ascertained by the exercise of reasonable

6-25     diligence;

6-26                       (H)  voluntarily, and with knowledge of the

6-27     pregnancy, abandoned the mother of the child beginning at a time

 7-1     during her pregnancy with the child and continuing through the

 7-2     birth, failed to provide adequate support or medical care for the

 7-3     mother during the period of abandonment before the birth of the

 7-4     child, and remained apart from the child or failed to support the

 7-5     child since the birth;

 7-6                       (I)  contumaciously refused to submit to a

 7-7     reasonable and lawful order of a court under Chapter 264;

 7-8                       (J)  been the major cause of:

 7-9                             (i)  the failure of the child to be

7-10     enrolled in school as required by the Education Code; or

7-11                             (ii)  the child's absence from the child's

7-12     home without the consent of the parents or guardian for a

7-13     substantial length of time or without the intent to return;

7-14                       (K)  executed before or after the suit is filed

7-15     an unrevoked or irrevocable affidavit of relinquishment of parental

7-16     rights as provided by this chapter;

7-17                       (L)  been convicted or has been placed on

7-18     community supervision, including deferred adjudication community

7-19     supervision, for being [adjudicated to be] criminally responsible

7-20     for the death or serious injury of a child under the following

7-21     sections of the Penal Code or adjudicated under Title 3 for conduct

7-22     that caused the death or serious injury of a child and that would

7-23     constitute a violation of one of the following Penal Code sections:

7-24                             (i)  Section 19.02 (murder);

7-25                             (ii)  Section 19.03 (capital murder);

7-26                             (iii)  Section 21.11 (indecency with a

7-27     child);

 8-1                             (iv)  Section 22.01 (assault);

 8-2                             (v)  Section 22.011 (sexual assault);

 8-3                             (vi)  Section 22.02 (aggravated assault);

 8-4                             (vii)  Section 22.021 (aggravated sexual

 8-5     assault);

 8-6                             (viii)  Section 22.04 (injury to a child,

 8-7     elderly individual, or disabled individual);

 8-8                             (ix)  Section 22.041 (abandoning or

 8-9     endangering child);

8-10                             (x)  Section 25.02 (prohibited sexual

8-11     conduct);

8-12                             (xi)  Section 43.25 (sexual performance by

8-13     a child); and

8-14                             (xii)  Section 43.26 (possession or

8-15     promotion of child pornography);

8-16                       (M)  had his or her parent-child relationship

8-17     terminated with respect to another child based on a finding that

8-18     the parent's conduct was in violation of Paragraph (D) or (E) or

8-19     substantially equivalent provisions of the law of another state;

8-20     [or]

8-21                       (N)  constructively abandoned the child who has

8-22     been in the permanent or temporary managing conservatorship of the

8-23     Department of Protective and Regulatory Services or an authorized

8-24     agency for not less than six months [one year], and:

8-25                             (i)  the department or authorized agency

8-26     has made reasonable efforts to return the child to the parent;

8-27                             (ii)  the parent has not regularly visited

 9-1     or maintained significant contact with the child;  and

 9-2                             (iii)  the parent has demonstrated an

 9-3     inability to provide the child with a safe environment;

 9-4                       (O)  failed to comply with the provisions of a

 9-5     court order that specifically established the actions necessary for

 9-6     the parent to obtain the return of the child who has been in the

 9-7     permanent or temporary managing conservatorship of the Department

 9-8     of Protective and Regulatory Services for not less than nine months

 9-9     as a result of the child's removal from the parent under Chapter

9-10     262 for the abuse or neglect of the child;

9-11                       (P)  used a controlled substance, as defined by

9-12     Chapter 481, Health and Safety Code, in a manner or to an extent

9-13     that endangered the health or safety of the child, and:

9-14                             (i)  failed to complete a court-ordered

9-15     substance abuse treatment program; or

9-16                             (ii)  repeatedly used a controlled

9-17     substance after completion of a court-ordered substance abuse

9-18     treatment program;

9-19                       (Q)  knowingly engaged in criminal conduct that

9-20     results in the parent's imprisonment and inability to care for the

9-21     child for not less than two years from the date of filing the

9-22     petition; or

9-23                       (R)  been the cause of the child being born

9-24     addicted to alcohol or a controlled substance, other than a

9-25     controlled substance legally obtained by prescription, as defined

9-26     by Section 261.001(7); and

9-27                 (2)  that termination is in the best interest of the

 10-1    child.

 10-2          SECTION 10.  Section 261.001, Family Code, is amended by

 10-3    amending Subdivision (1) and adding Subdivision (7) to read as

 10-4    follows:

 10-5                (1)  "Abuse" includes the following acts or omissions

 10-6    by a person:

 10-7                      (A)  mental or emotional injury to a child that

 10-8    results in an observable and material impairment in the child's

 10-9    growth, development, or psychological functioning;

10-10                      (B)  causing or permitting the child to be in a

10-11    situation in which the child sustains a mental or emotional injury

10-12    that results in an observable and material impairment in the

10-13    child's growth, development, or psychological functioning;

10-14                      (C)  physical injury that results in substantial

10-15    harm to the child, or the genuine threat of substantial harm from

10-16    physical injury to the child, including an injury that is at

10-17    variance with the history or explanation given and excluding an

10-18    accident or reasonable discipline by a parent, guardian, or

10-19    managing or possessory conservator that does not expose the child

10-20    to a substantial risk of harm;

10-21                      (D)  failure to make a reasonable effort to

10-22    prevent an action by another person that results in physical injury

10-23    that results in substantial harm to the child;

10-24                      (E)  sexual conduct harmful to a child's mental,

10-25    emotional, or physical welfare;

10-26                      (F)  failure to make a reasonable effort to

10-27    prevent sexual conduct harmful to a child;

 11-1                      (G)  compelling or encouraging the child to

 11-2    engage in sexual conduct as defined by Section 43.01, Penal Code;

 11-3    [or]

 11-4                      (H)  causing, permitting, encouraging, engaging

 11-5    in, or allowing the photographing, filming, or depicting of the

 11-6    child if the person knew or should have known that the resulting

 11-7    photograph, film, or depiction of the child is obscene as defined

 11-8    by Section 43.21, Penal Code, or pornographic;

 11-9                      (I)  the current use by a person of a controlled

11-10    substance as defined by Chapter 481, Health and Safety Code, in a

11-11    manner or to the extent that the use results in physical, mental,

11-12    or emotional injury to a child; or

11-13                      (J)  causing, expressly permitting, or

11-14    encouraging a child to use a controlled substance as defined by

11-15    Chapter 481, Health and Safety Code.

11-16                (7)  "Born addicted to alcohol or a controlled

11-17    substance" means a child:

11-18                      (A)  who is born to a mother who during the

11-19    pregnancy used a controlled substance, as defined by Chapter 481,

11-20    Health and Safety Code, other than a controlled substance legally

11-21    obtained by prescription, or alcohol; and

11-22                      (B)  who, after birth as a result of the mother's

11-23    use of the controlled substance or alcohol:

11-24                            (i)  experiences observable withdrawal from

11-25    the alcohol or controlled substance;

11-26                            (ii)  exhibits observable or harmful

11-27    effects in the child's physical appearance or functioning; or

 12-1                            (iii)  exhibits the demonstrable presence

 12-2    of alcohol or a controlled substance in the child's bodily fluids.

 12-3          SECTION 11.  Section 261.101(d), Family Code, is amended to

 12-4    read as follows:

 12-5          (d)  The identity of an individual making a report under this

 12-6    chapter is confidential and may be disclosed only on the order of a

 12-7    court rendered under Section 261.201 or to a law enforcement

 12-8    officer for the purposes of conducting a criminal investigation of

 12-9    the report.

12-10          SECTION 12.  Section 261.201, Family Code, is amended by

12-11    amending Subsections (a), (c), (d), (e), and (f) and by adding

12-12    Subsection (g) to read as follows:

12-13          (a)  The following information is confidential, is not

12-14    subject to public release under Chapter 552, Government Code, and

12-15    may be disclosed only for purposes consistent with this code and

12-16    applicable federal or state law or under rules adopted by an

12-17    investigating agency:

12-18                (1)  a report of alleged or suspected abuse or neglect

12-19    made under this chapter and the identity of the person making the

12-20    report; and

12-21                (2)  except as otherwise provided in this section, the

12-22    files, reports, records, communications, audiotapes, videotapes,

12-23    and working papers used or developed in an investigation under this

12-24    chapter or in providing services as a result of an investigation.

12-25          (c)  In addition to Subsection (b), a court, on its own

12-26    motion, may order disclosure of information that is confidential

12-27    under this section if:

 13-1                (1)  the order is rendered at a hearing for which all

 13-2    parties have been given notice;

 13-3                (2)  the court finds that disclosure of the information

 13-4    is:

 13-5                      (A)  essential to the administration of justice;

 13-6    and

 13-7                      (B)  not likely to endanger the life or safety

 13-8    of:

 13-9                            (i)  a child who is the subject of the

13-10    report of alleged or suspected abuse or neglect;

13-11                            (ii)  a person who makes a report of

13-12    alleged or suspected abuse or neglect; or

13-13                            (iii)  any other person who participates in

13-14    an investigation of reported abuse or neglect; and

13-15                (3)  the order is reduced to writing or made on the

13-16    record in open court.

13-17          (d)  The adoptive parents of a child who was the subject of

13-18    an investigation and an adult who was the subject of an

13-19    investigation as a child are entitled to examine and make copies of

13-20    any report, record, working paper, or other information in the

13-21    possession, custody, or control of the state that pertains to the

13-22    history of the child.  The department may edit the documents to

13-23    protect the identity of the biological parents and any other person

13-24    whose identity is confidential.

13-25          (e) [(d)]  Before placing a child who was the subject of an

13-26    investigation, the department shall notify the prospective adoptive

13-27    parents of their right to examine any report, record, working

 14-1    paper, or other information in the possession, custody, or control

 14-2    of the state that pertains to the history of the child.

 14-3          (f) [(e)]  The department shall provide prospective adoptive

 14-4    parents an opportunity to examine information under this section as

 14-5    early as practicable before placing a child.

 14-6          (g) [(f)]  Notwithstanding Subsection (b), the department, on

 14-7    request and subject to department rule, shall provide to the

 14-8    parent, managing conservator, or other legal representative of a

 14-9    child who is the subject of reported abuse or neglect information

14-10    concerning the reported abuse or neglect that would otherwise be

14-11    confidential under this section if the department has edited the

14-12    information to protect the confidentiality of the identity of the

14-13    person who made the report and any other person whose life or

14-14    safety may be endangered by the disclosure.

14-15          SECTION 13.  Section 261.302(b), Family Code, is amended to

14-16    read as follows:

14-17          (b)  The interview with and examination of the child may:

14-18                (1)  be conducted at any reasonable time and place,

14-19    including the child's home or the child's school;  [and]

14-20                (2)  include the presence of persons the department or

14-21    designated agency determines are necessary; and

14-22                (3)  include transporting the child for purposes

14-23    relating to the interview or investigation.

14-24          SECTION 14.  Section 261.302, Family Code, is amended by

14-25    adding Subsection (e) to read as follows:

14-26          (e)  An interview with a child under this section shall be

14-27    audiotaped and videotaped unless the investigating agency

 15-1    determines that good cause exists for not audiotaping or

 15-2    videotaping the interview.

 15-3          SECTION 15.  Sections 261.305(a)-(d), Family Code, are

 15-4    amended to read as follows:

 15-5          (a)  An investigation may include an inquiry into the

 15-6    possibility that the child, a parent, or a person responsible for

 15-7    the care of the child has a history of medical or mental illness.

 15-8          (b)  If the parent or person responsible for the care of the

 15-9    child does not allow the department or designated agency to have

15-10    access to medical or mental health records requested by the

15-11    department or agency, the court having family law jurisdiction, for

15-12    good cause  shown, shall order that the department or agency be

15-13    permitted to have access to the records under terms and conditions

15-14    prescribed by the court.

15-15          (c)  If the court determines that the parent or person

15-16    responsible for the care of the child is indigent, the court shall

15-17    appoint an attorney to represent the parent or person responsible

15-18    for the child at the hearing to obtain medical or mental health

15-19    records.  The fees for the appointed attorney shall be paid by the

15-20    department or designated agency.

15-21          (d)  A parent or person responsible for the child's care is

15-22    entitled to notice and a hearing when the department or designated

15-23    agency seeks a court order to allow a medical, psychological, or

15-24    psychiatric examination or access to medical or mental health

15-25    records.

15-26          SECTION 16.  Section 261.312(c), Family Code, is amended to

15-27    read as follows:

 16-1          (c)  A review team conducting a review of an investigation

 16-2    may conduct the review by examining the facts of the case as

 16-3    outlined by the department caseworker and law enforcement

 16-4    personnel.  A review team member acting in the member's official

 16-5    capacity may receive information made confidential under Section

 16-6    40.005, Human Resources Code, or Section 261.201.  [In providing

 16-7    information to a review team, the department may not disclose the

 16-8    identity of a person who reports abuse or neglect or of another

 16-9    individual involved in the investigation.  Information regarding

16-10    the identity of a person who reports abuse or neglect and of any

16-11    other individual involved in the investigation of a report is

16-12    confidential.]

16-13          SECTION 17.  Subchapter D, Chapter 261, Family Code, is

16-14    amended by adding Section 261.315 to read as follows:

16-15          Sec. 261.315.  EXEMPTION FROM FEES FOR MEDICAL RECORDS.  The

16-16    department is exempt from the payment of a fee otherwise required

16-17    or authorized by law to obtain a medical record from a hospital or

16-18    health care provider if the request for a record is made in the

16-19    course of an investigation by the department.

16-20          SECTION 18.  Section 261.406, Family Code, is amended by

16-21    amending Subsections (a) and (b) and adding Subsection (d) to read

16-22    as follows:

16-23          (a)  On receipt of a report of alleged or suspected abuse or

16-24    neglect of a child in a public or private school under the

16-25    jurisdiction of the Texas [Central] Education Agency, the

16-26    department shall perform an investigation as provided by this

16-27    chapter.

 17-1          (b)  The department shall send a written report of the

 17-2    department's investigation to the Texas [Central] Education Agency,

 17-3    the agency responsible for teacher certification, [and] the local

 17-4    school board or local governing body, and the school principal,

 17-5    unless the principal is alleged to have committed the abuse or

 17-6    neglect, for appropriate action.  On request, the department shall

 17-7    provide a copy of the report of investigation to the parent,

 17-8    managing conservator, or legal guardian of a child who is the

 17-9    subject of the investigation and to the person alleged to have

17-10    committed the abuse or neglect [report].  The report of

17-11    investigation shall be edited to protect the identity of the

17-12    persons who made [prepared] the report of abuse or neglect or

17-13    provided information for the report of abuse or neglect.  Section

17-14    261.201(b) applies to the release of confidential information

17-15    relating to the investigation of a report of abuse or neglect under

17-16    this section and to the identity of the person who made the report

17-17    of abuse or neglect.

17-18          (d)  The Board of Protective and Regulatory Services shall

17-19    adopt rules necessary to implement this section.

17-20          SECTION 19.  Subchapter A, Chapter 262, Family Code, is

17-21    amended by adding Section 262.0005 to read as follows:

17-22          Sec. 262.0005.  DEFINITION.  In this chapter, "extreme

17-23    conduct" means violent or dangerous child abuse  that includes:

17-24                (1)  an offense under Section 22.04, Penal Code,

17-25    involving injury to a child (injury to a child, elderly individual,

17-26    or disabled individual);

17-27                (2)  an offense under Section 22.041, Penal Code

 18-1    (abandoning or endangering child);

 18-2                (3)  an offense under Section 22.011, Penal Code

 18-3    (sexual assault);

 18-4                (4)  an offense under Section 22.021, Penal Code

 18-5    (aggravated sexual assault); and

 18-6                (5)  abuse or neglect resulting in serious bodily

 18-7    injury, serious mental deficiency, impairment, or injury to a

 18-8    child.

 18-9          SECTION 20.  Section 262.1015, Family Code, is amended by

18-10    amending Subsections (c), (d), (f), and (g) and by adding

18-11    Subsection (h) to read as follows:

18-12          (c)  [The notice requirements under Section 262.109 apply to

18-13    a proceeding under this section.]  The order shall be served on the

18-14    alleged perpetrator and on the parent or other adult with whom the

18-15    child will continue to reside.

18-16          (d)  A temporary restraining order under this section expires

18-17    not later than the 14th [10th] day after the date the order was

18-18    rendered.  [The requirements of an adversary hearing for the

18-19    removal of a child from the child's home under Subchapter C  apply

18-20    to the removal of an alleged perpetrator under this section.]

18-21          (f)  The court shall order the removal of an alleged

18-22    perpetrator if the court finds that the child is not in danger of

18-23    abuse from a parent or other adult with whom the child will

18-24    continue to reside in the child's residence and that:

18-25                (1)  the presence of the alleged perpetrator in the

18-26    child's residence constitutes a continuing danger to the physical

18-27    health or safety of the child; or

 19-1                (2)  the child has been the victim of sexual abuse and

 19-2    there is a substantial risk that the child will be the victim of

 19-3    sexual abuse in the future if the alleged perpetrator remains in

 19-4    the residence.

 19-5          (g)  A person commits an offense if the person is a parent or

 19-6    other person with whom a child resides, the person is served with

 19-7    an order containing the requirement specified by Subsection (e),

 19-8    and the person fails to make a reasonable effort to monitor the

 19-9    residence of the child or to report to the department and the

19-10    appropriate law enforcement agency an attempt by the alleged

19-11    perpetrator to return to the residence.  An offense under this

19-12    section is a Class A misdemeanor.

19-13          (h) [(g)]  A person commits an offense if, in violation of a

19-14    court order under this section, the person returns to the residence

19-15    of the child the person is alleged to have abused.  An offense

19-16    under this subsection is a Class A misdemeanor, except that the

19-17    offense is a felony of the third degree if the person has

19-18    previously been convicted under this subsection.

19-19          SECTION 21.   Section 262.104, Family Code, is amended to

19-20    read as follows:

19-21          Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY

19-22    WITHOUT A COURT ORDER.  If there is no time to obtain a temporary

19-23    restraining order or attachment before taking possession of a child

19-24    consistent with the health and safety of that child, an authorized

19-25    representative of the Department of Protective and Regulatory

19-26    Services, a law enforcement officer, or a juvenile probation

19-27    officer may take possession of a child without a court order under

 20-1    the following conditions, only:

 20-2                (1)  on personal knowledge of facts that would lead a

 20-3    person of ordinary prudence and caution to believe that there is an

 20-4    immediate danger to the physical health or safety of the child;

 20-5                (2)  on information furnished by another that has been

 20-6    corroborated by personal knowledge of facts and all of which taken

 20-7    together would lead a person of ordinary prudence and caution to

 20-8    believe that there is an immediate danger to the physical health or

 20-9    safety of the child;

20-10                (3)  on personal knowledge of facts that would lead a

20-11    person of ordinary prudence and caution to believe that the child

20-12    has been the victim of sexual abuse; [or]

20-13                (4)  on information furnished by another that has been

20-14    corroborated by personal knowledge of facts and all of which taken

20-15    together would lead a person of ordinary prudence and caution to

20-16    believe that the child has been the victim of sexual abuse; or

20-17                (5)  on information furnished by another that has been

20-18    corroborated by personal knowledge of facts and all of which taken

20-19    together would lead a person of ordinary prudence and caution to

20-20    believe that the parent or person who has possession of the child

20-21    is currently using a controlled substance as defined by Chapter

20-22    481, Health and Safety Code, and the use constitutes an immediate

20-23    danger to the physical health or safety of the child.

20-24          SECTION 22.  Section 262.201, Family Code, is amended by

20-25    adding Subsection (e) to read as follows:

20-26          (e)  When citation has been made by publication for a parent

20-27    because the location of the parent is unknown, the court may render

 21-1    a temporary order without delay at any time after the date of the

 21-2    publication of citation.

 21-3          SECTION 23.  Section 262.201, Family Code, is amended by

 21-4    adding Subsections (f), (g), and (h) to read as follows:

 21-5          (f)  If a child is alleged to be the victim of extreme

 21-6    conduct, the court shall make findings and enter orders as

 21-7    necessary, concerning:

 21-8                (1)  whether there are reasonable grounds to believe

 21-9    that the child is a victim of extreme conduct;

21-10                (2)  the principal legal issues and requirements

21-11    relating to necessary parties, service of citation, and appointment

21-12    of attorneys and guardians ad litem;

21-13                (3)  whether grounds exist to file suit for termination

21-14    of the parent-child relationship; and

21-15                (4)  the deadline to determine whether to proceed with

21-16    a suit for termination or other suit affecting the parent-child

21-17    relationship.

21-18          (g)  If a suit for termination of the parent-child

21-19    relationship is filed and a child is alleged to be the victim of

21-20    extreme conduct and the court determines that reasonable grounds

21-21    exist to believe that the child is a victim of extreme conduct, the

21-22    court:

21-23                (1)  shall set deadlines for the completion of

21-24    requirements of Chapter 263;

21-25                (2)  shall set deadlines for filing pleadings and

21-26    discovery; and

21-27                (3)  shall set the trial date not later than the 180th

 22-1    day after the date of the filing of the suit and may permit only

 22-2    one continuance of the trial, but may not continue the trial date

 22-3    later than the 270th day after the date of the filing of the suit.

 22-4          (h)  If a child is alleged to be the victim of extreme

 22-5    conduct, the court may not continue a trial under this chapter for

 22-6    noncompliance with any placement agreement, service plan, or other

 22-7    agreement for services.

 22-8          SECTION 24.  Section 262.203, Family Code, is amended to read

 22-9    as follows:

22-10          Sec. 262.203.  TRANSFER OF SUIT.  (a)  On the motion of a

22-11    party or the court's own motion, if applicable, the court that

22-12    rendered the temporary order shall transfer the suit in accordance

22-13    with procedures provided by Chapter 155:

22-14                (1)  to the court of continuing, exclusive

22-15    jurisdiction, if any; or

22-16                (2)  if there is no court of continuing jurisdiction,

22-17    to the court having venue of the suit affecting the parent-child

22-18    relationship under Chapter 103.

22-19          (b)  Notwithstanding Section 155.204, a motion to transfer

22-20    under this section is timely if made at any time after the date a

22-21    suit was filed under this chapter.

22-22          SECTION 25.  Section 264.004, Family Code, is amended by

22-23    adding Subsection (c) to read as follows:

22-24          (c)  The department may use state and federal funds to

22-25    provide benefits or services to children and families who are

22-26    otherwise eligible for the benefits or services, including foster

22-27    care, adoption assistance, medical assistance, family reunification

 23-1    services, and other child protective services and related benefits

 23-2    without regard to the immigration status of the child or the

 23-3    child's family.

 23-4          SECTION 26.  Section 264.005, Family Code, is amended by

 23-5    adding Subsections (f) and (g) to read as follows:

 23-6          (f)  A county child protective services board member may

 23-7    receive information that is confidential under Section 40.005,

 23-8    Human Resources Code, or Section 261.201 when the board member is

 23-9    acting in the member's official capacity.

23-10          (g)  A child welfare board may conduct a closed meeting under

23-11    Section 551.101, Government Code, to discuss, consider, or act on a

23-12    matter that is confidential under Section 40.005, Human Resources

23-13    Code, or Section 261.201.

23-14          SECTION 27.  Section 264.006, Family Code, is amended to read

23-15    as follows:

23-16          Sec. 264.006.  COUNTY FUNDS.  The commissioners court of a

23-17    county may appropriate funds from its general fund or any other

23-18    fund for the administration of its county child welfare board.  The

23-19    court may provide for services to and support of children in need

23-20    of protection and care without regard to the immigration status of

23-21    the child or the child's family.

23-22          SECTION 28.  Subchapter A, Chapter 264, Family Code, is

23-23    amended by adding Sections 264.011 and 264.012 to read as follows:

23-24          Sec. 264.011.  LOCAL ACCOUNTS.  (a)  The department may

23-25    establish and maintain local bank or savings accounts for a child

23-26    who is under the managing conservatorship of the department as

23-27    necessary to administer funds received in trust for or on behalf of

 24-1    the child.

 24-2          (b)  Funds maintained in an account under this section may be

 24-3    used by the department to support the child, including for the

 24-4    payment of foster care expenses, or may be paid to a person

 24-5    providing care for the child.

 24-6          Sec. 264.012.  FUNERAL EXPENSES FOR CHILD IN FOSTER CARE.

 24-7    The department may spend funds appropriated for the child

 24-8    protective services program to pay reasonable and necessary funeral

 24-9    expenses for a child for whom the department has been appointed

24-10    managing conservator and who dies in foster care.

24-11          SECTION 29.  Section 264.101, Family Code, is amended to read

24-12    as follows:

24-13          Sec. 264.101.  FOSTER CARE PAYMENTS.  (a)  The department may

24-14    pay the cost of [protective] foster care for a child:

24-15                (1)  for whom the department has [initiated a suit and

24-16    has] been named managing conservator under an order rendered under

24-17    this title,[; and]

24-18                [(2)]  who is a resident of the state, and who has been

24-19    placed by the department in a foster home or child-care

24-20    institution, as defined by Chapter 42, Human Resources Code; or

24-21                (2)  who is under the placement and care of a state

24-22    agency or political subdivision with which the department has

24-23    entered into an agreement to reimburse the cost of care and

24-24    supervision of the child [ineligible for foster care payments under

24-25    the aid to families with dependent children program of the Texas

24-26    Department of Human Services].

24-27          (b)  The department may not pay the cost of protective foster

 25-1    care for a child for whom the department has been named managing

 25-2    conservator under an order rendered solely under Section

 25-3    161.001(1)(J) [161.001].

 25-4          (c)  The payment [total amount] of [payments for protective]

 25-5    foster care, including medical care, for a child as authorized

 25-6    under this  subchapter shall be made without regard to the child's

 25-7    eligibility for federally funded care [must be equal to the total

 25-8    amount of payments made for similar care for a child eligible for

 25-9    the aid to families with dependent children program of the Texas

25-10    Department of Human Services].

25-11          (d)  The Board of Protective and Regulatory Services may

25-12    adopt rules that establish criteria and guidelines for the payment

25-13    of foster care, including medical care, for a child and for

25-14    providing care for a child after the child becomes 18 years of age

25-15    if the child is regularly attending high school, an institution of

25-16    higher education, or a vocational or technical program.

25-17          (e)  The department may accept and spend funds available from

25-18    any source to pay for foster care, including medical care, for a

25-19    child in the department's care.

25-20          (f)  In this section, "child" means a person who:

25-21                (1)  is under 22 years of age and for whom the

25-22    department has been appointed managing conservator of the child

25-23    before the date the child became 18 years of age; or

25-24                (2)  is the responsibility of an agency with which the

25-25    department has entered into an agreement to provide care and

25-26    supervision of the child.

25-27          SECTION 30.  Subchapter B, Chapter 264, Family Code, is

 26-1    amended by adding Section 264.1015 to read as follows:

 26-2          Sec. 264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.

 26-3    (a)  The cost of foster care provided for a child, including

 26-4    medical care, is an obligation of the estate of the child and the

 26-5    estate is liable to the department for the cost of the care.

 26-6          (b)  The department may take action to recover from the

 26-7    estate of the child the cost of foster care for the child.

 26-8          SECTION 31.  Section 264.104, Family Code, is amended by

 26-9    amending Subsection (b) and adding Subsection (c) to read as

26-10    follows:

26-11          (b)  The cost of foster care for a child, including medical

26-12    care, is a legal obligation of the child's parents, and the estate

26-13    of a parent of the child is liable to the department for payment of

26-14    the costs.

26-15          (c)  The funds collected by the state under this section

26-16    shall be used by the department for child welfare services.

26-17          SECTION 32.  Section 264.105, Family Code, is amended to read

26-18    as follows:

26-19          Sec. 264.105.  MEDICAL SERVICES PAYMENTS [LIMITATION].  The

26-20    department shall attempt to maximize the use of federal funding to

26-21    [may not] provide [the] medical care payments authorized by Section

26-22    264.101(c) [if:]

26-23                [(1)  a federal law or regulation prohibits those

26-24    medical payments unless medical payments are also provided for

26-25    medically needy children who are not eligible for the aid to

26-26    families with dependent children program of the Texas Department of

26-27    Human Services and] for children for whom the department has been

 27-1    [is not] named managing conservator[; or]

 27-2                [(2)  the federal government does not fund at least 50

 27-3    percent of the cost of the medical payments authorized by this

 27-4    subchapter].

 27-5          SECTION 33.  Section 264.302(c), Family Code, is amended to

 27-6    read as follows:

 27-7          (c)  The department may not provide services under this

 27-8    section to a child who has:

 27-9                (1)  at any time been referred to juvenile court for

27-10    engaging in conduct that violates a penal law of this state of the

27-11    grade of felony other than a state jail felony; or

27-12                (2)  been found to have engaged in delinquent conduct

27-13    under Title 3.

27-14          SECTION 34.  Section 264.406, Family Code, is amended by

27-15    adding Subsection (f) to read as follows:

27-16          (f)  When acting in the member's official capacity, a

27-17    multidisciplinary team member is authorized to receive information

27-18    made confidential by Section 40.005, Human Resources Code, or

27-19    Section 261.201 or 264.408.

27-20          SECTION 35.  Subchapter E, Chapter 264, Family Code, is

27-21    amended by adding Sections 264.408-264.411 to read as follows:

27-22          Sec. 264.408.  USE OF INFORMATION AND RECORDS;

27-23    CONFIDENTIALITY AND OWNERSHIP.  (a)  The files, reports, records,

27-24    communications, and working papers used or developed in providing

27-25    services under this chapter are confidential and not subject to

27-26    public release under Chapter 552, Government Code, and may only be

27-27    disclosed for purposes consistent with this chapter.  Disclosure

 28-1    may be to:

 28-2                (1)  the department, department employees, law

 28-3    enforcement agencies, prosecuting attorneys, medical professionals,

 28-4    and other state agencies that provide services to children and

 28-5    families; and

 28-6                (2)  the attorney for the child who is the subject of

 28-7    the records and a court-appointed volunteer advocate appointed for

 28-8    the child under Section 107.031.

 28-9          (b)  Information related to the investigation of a report of

28-10    abuse or neglect under Chapter 261 and services provided as a

28-11    result of the investigation is confidential as provided by Section

28-12    261.201.

28-13          (c)  The department, a law enforcement agency, and a

28-14    prosecuting attorney may share with a center information that is

28-15    confidential under Section 261.201 as needed to provide services

28-16    under this chapter.  Confidential information shared with or

28-17    provided to a center remains the property of the agency that shared

28-18    or provided the information to the center.

28-19          (d)  A videotaped interview of a child made at a center is

28-20    the property of the prosecuting attorney involved in the criminal

28-21    prosecution of the case involving the child.  If no criminal

28-22    prosecution occurs, the videotaped interview is the property of the

28-23    attorney involved in representing the department in a civil action

28-24    alleging child abuse or neglect.  If the matter involving the child

28-25    is not prosecuted, the videotape is the property of the department

28-26    if the matter is an investigation by the department of abuse or

28-27    neglect.  If the department is not investigating or has not

 29-1    investigated the matter, the videotape is the property of the

 29-2    agency that referred the matter to the center.  If the center

 29-3    employs a custodian of records for videotaped interviews of

 29-4    children, the center is responsible for the custody of the

 29-5    videotape.  A videotaped interview may be shared with other

 29-6    agencies under a written agreement.

 29-7          (e)  The department shall be allowed access to a center's

 29-8    videotaped interviews of children.

 29-9          Sec. 264.409.  ADMINISTRATIVE CONTRACTS.  The department may

29-10    contract with a statewide organization of individuals or groups of

29-11    individuals who have expertise in the establishment and operation

29-12    of children's advocacy center programs.  The statewide organization

29-13    shall provide training, technical assistance, and evaluation

29-14    services for local children's advocacy center programs.

29-15          Sec. 264.410.  CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS.

29-16    (a)  The statewide organization with which the department contracts

29-17    under Section 264.409 shall contract for services with eligible

29-18    centers to enhance the existing services of the  programs.

29-19          (b)  The contract under this section may not result in

29-20    reducing the financial support a local center receives from another

29-21    source.

29-22          Sec. 264.411.  ELIGIBILITY FOR CONTRACTS.  (a)  A public

29-23    entity or nonprofit entity is eligible for a contract under Section

29-24    264.410 if the entity:

29-25                (1)  has a signed memorandum of understanding as

29-26    provided by Section 264.403;

29-27                (2)  operates under the authority of a governing board

 30-1    as provided by Section 264.404;

 30-2                (3)  has a multidisciplinary team of persons involved

 30-3    in the investigation or prosecution of child abuse cases or the

 30-4    delivery of services as provided by Section 264.406;

 30-5                (4)  holds regularly scheduled case reviews as provided

 30-6    by Section 264.406;

 30-7                (5)  operates in a neutral and physically separate

 30-8    space from the day-to-day operations of any public agency partner;

 30-9                (6)  has developed a method of statistical information

30-10    gathering on children receiving services through the center and

30-11    shares such statistical information with the statewide organization

30-12    and the department when requested;

30-13                (7)  has an in-house volunteer program;

30-14                (8)  employs an executive director who is answerable to

30-15    the board of directors of the entity and who is not the exclusive

30-16    salaried employee of any public agency partner; and

30-17                (9)  operates under a working protocol that includes a

30-18    statement of:

30-19                      (A)  the center's mission;

30-20                      (B)  each agency's role and commitment to the

30-21    center;

30-22                      (C)  the type of cases to be handled by the

30-23    center; and

30-24                      (D)  procedure for case reviews.

30-25          (b)  The statewide organization may waive the requirements

30-26    specified in Subsection (a) if it determines that the waiver will

30-27    not adversely affect the center's ability to carry out its duties

 31-1    under Section 264.405.  Any waiver that is granted must be

 31-2    identified in the written contract with the center.  If a request

 31-3    for a waiver is denied, an appeal of the decision may be made to

 31-4    the department's executive director, who may reverse the decision.

 31-5    If the executive director approves a request for a waiver on

 31-6    appeal, the statewide organization shall contract with the center

 31-7    and shall include the waiver in the contract.

 31-8          SECTION 36.  Section 25.002(f), Education Code, is amended to

 31-9    read as follows:

31-10          (f)  Except as otherwise provided by this subsection, for a

31-11    child to be enrolled in a public school, the child must be enrolled

31-12    by the child's parent or by the child's guardian or other person

31-13    with legal control of the child under a court order.  [If a person

31-14    with legal authority to enroll the child in school cannot be

31-15    identified and located, the school district that receives the

31-16    child's application for enrollment shall notify the Department of

31-17    Protective and Regulatory Services and shall admit the child as

31-18    provided by Section 25.001.  The district shall direct any

31-19    communication that is required with a parent to the Department of

31-20    Protective and Regulatory Services unless that department specifies

31-21    otherwise.  In this subsection, "child" has the meaning assigned by

31-22    Section 101.003, Family Code.]

31-23          SECTION 37.  (a)  Subchapter C, Chapter 42, Human Resources

31-24    Code, is amended by adding Section 42.0535 to read as follows:

31-25          Sec. 42.0535.  REQUIRED INFORMATION FOR VERIFICATION.  (a) A

31-26    child-placing agency that seeks to verify an agency home or an

31-27    agency group home shall request background information about the

 32-1    agency home or group home from a child-placing agency that has

 32-2    previously verified that agency home or agency group home.

 32-3          (b)  Notwithstanding Section 261.201, Family Code, a

 32-4    child-placing agency that has verified an agency home or an agency

 32-5    group home is required to release to another child-placing agency

 32-6    background information requested under Subsection (a).

 32-7          (c)  A child-placing agency that releases background

 32-8    information under this section is immune from civil and criminal

 32-9    liabilty for the release of the information.

32-10          (d)  For purposes of this section, background information

32-11    means the home study under which the agency home or agency group

32-12    home was verified by the previous child-placing agency and any

32-13    record of noncompliance with state minimum standards received and

32-14    the resolution of any such noncompliance by the previous

32-15    child-placing agency.

32-16          (b)  This section takes effect September 1, 1997, and applies

32-17    only to the release by a child-placing agency of background

32-18    information about an agency home or agency group home on or after

32-19    that date. The release of background information before that date

32-20    is governed by the law as it existed immediately before the

32-21    effective date of this section, and that law is continued in effect

32-22    for that purpose.

32-23          SECTION 38.  (a)  The change in law made by Section 2 of this

32-24    Act applies only to an offense committed on or after the effective

32-25    date of this Act.  For the purpose of this section, an offense is

32-26    committed before the effective date of this Act if any element of

32-27    the offense occurs before that date.

 33-1          (b)  An offense committed before the effective date of this

 33-2    Act is covered by the law in effect when the offense was committed,

 33-3    and the former law is continued in effect for that purpose.

 33-4          SECTION 39.  Sections 19 and 23 of this Act apply only to an

 33-5    adversary hearing held under Section 262.201, Family Code, or a

 33-6    suit for termination of the parent-child relationship filed on or

 33-7    after the effective date of this Act.

 33-8          SECTION 40.  This Act takes effect September 1, 1997, and

 33-9    applies to a suit affecting the parent-child relationship filed on

33-10    or after that date.  A suit filed before the effective date of this

33-11    Act is governed by the law in effect on the date the suit was

33-12    filed, and the former law is continued in effect for that purpose.

33-13          SECTION 41.  The importance of this legislation and the

33-14    crowded condition of the calendars in both houses create an

33-15    emergency and an imperative public necessity that the

33-16    constitutional rule requiring bills to be read on three several

33-17    days in each house be suspended, and this rule is hereby suspended.