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.