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)  A person commits

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

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

1-16     factual foundation.  The first offense under this section is a

1-17     Class A misdemeanor; a subsequent offense under this section is a

1-18     state jail felony [An offense under this subsection is a Class A

1-19     misdemeanor].

1-20           (b)  A report under this section which was made prior to or

1-21     during a suit affecting the parent-child relationship and in which

1-22     is contained accusations that the court determines the accuser knew

1-23     to be false or lacking factual foundation, may be grounds for the

1-24     court to modify the parent-child relationship to restrict further

 2-1     access to the child by the accuser.

 2-2           (c)  The respective prosecuting attorney shall be responsible

 2-3     for the prosecution of offenses under this section.

 2-4           SECTION 3.  Section 102.003, Family Code, is amended to read

 2-5     as follows:

 2-6           Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original

 2-7     suit may be filed at any time by:

 2-8                 (1)  a parent of the child;

 2-9                 (2)  the child through a representative authorized by

2-10     the court;

2-11                 (3)  a custodian or person having the right of

2-12     visitation with or access to the child appointed by an order of a

2-13     court of another state or country;

2-14                 (4)  a guardian of the person or of the estate of the

2-15     child;

2-16                 (5)  a governmental entity;

2-17                 (6)  an authorized agency;

2-18                 (7)  a licensed child placing agency;

2-19                 (8)  a man alleging himself to be the biological father

2-20     of a child filing in accordance with Chapter 160, subject to the

2-21     limitations of Section 160.101, but not otherwise;

2-22                 (9)  a person who has had actual care, control, and

2-23     possession of the child for not less than six months preceding the

2-24     filing of the petition;

2-25                 (10)  a person designated as the managing conservator

2-26     in a revoked or unrevoked affidavit of relinquishment under Chapter

2-27     161 or to whom consent to adoption has been given in writing under

 3-1     Chapter 162; [or]

 3-2                 (11)  a person with whom the child and the child's

 3-3     guardian, managing conservator, or parent have resided for not less

 3-4     than six months preceding the filing of the petition if the child's

 3-5     guardian, managing conservator, or parent is deceased at the time

 3-6     of the filing of the petition; or

 3-7                 (12)  a person who is the foster parent of a child

 3-8     placed by the Department of Protective and Regulatory Services in

 3-9     the person's home for a period of not less than 18 months preceding

3-10     the date of the filing of the petition.

3-11           SECTION 4.  Chapter 104, Family Code, is amended by adding

3-12     Section 104.006 to read as follows:

3-13           Sec. 104.006.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  In a

3-14     suit affecting the parent-child relationship, a statement made by a

3-15     child 12 years of age or younger that describes alleged abuse

3-16     against the child, without regard to whether the statement is

3-17     otherwise inadmissible as hearsay, is admissible as evidence if, in

3-18     a hearing conducted outside the presence of the jury, the court

3-19     finds that the time, content, and circumstances of the statement

3-20     provide sufficient indications of the statement's reliability and:

3-21                 (1)  the child testifies or is available to testify at

3-22     the proceeding in court or in any other manner provided for by law;

3-23     or

3-24                 (2)  the court determines that the use of the statement

3-25     in lieu of the child's testimony is necessary to protect the

3-26     welfare of the child.

3-27           SECTION 5.  Section 105.001, Family Code, is amended by

 4-1     amending Subsection (b) and adding Subsection (h) to read as

 4-2     follows:

 4-3           (b)  Except as provided by Subsection (c), temporary

 4-4     restraining orders and temporary injunctions under this section

 4-5     shall be granted without the necessity of an affidavit or verified

 4-6     pleading stating specific facts showing that immediate and

 4-7     irreparable injury, loss, or damage will result before notice can

 4-8     be served and a hearing can be held.  Except as provided by

 4-9     Subsection (h), an [An] order may not be rendered under Subsection

4-10     (a)(1), (2), or (5) except after notice and a hearing.  A temporary

4-11     restraining order granted under this section need not:

4-12                 (1)  define the injury or state why it is irreparable;

4-13     or

4-14                 (2)  state why the order was granted without notice.

4-15           (h)  An order under Subsection (a)(1) may be rendered without

4-16     notice and an adversary hearing if the order is an emergency order

4-17     sought by a governmental entity under Chapter 262.

4-18           SECTION 6.  Section 107.016, Family Code, is amended to read

4-19     as follows:

4-20           Sec. 107.016.  CONTINUED REPRESENTATION.  In a suit brought

4-21     by a governmental entity seeking termination of the parent-child

4-22     relationship or appointment of the entity as conservator of the

4-23     child, an order appointing the Department of Protective and

4-24     Regulatory Services as the child's managing conservator may provide

4-25     for the continuation of the attorney ad litem appointment for the

4-26     child for any period set by the court.

4-27           SECTION 7.  Section 152.003(e), Family Code, is amended to

 5-1     read as follows:

 5-2           (e)  A court that has jurisdiction of a suit under Subsection

 5-3     (a)(3) for which a court in another state may exercise jurisdiction

 5-4     under prerequisites substantially in accordance with Subsection

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

 5-6     child.  The suit shall be dismissed in this state on the date a

 5-7     court of competent jurisdiction in another state signs an order in

 5-8     the suit or on the 91st day after the date the court in this state

 5-9     exercised its jurisdiction, whichever date occurs first.  This

5-10     subsection does not apply to a suit brought under Chapter 262.

5-11           SECTION 8.  Section 155.004(a), Family Code, is amended to

5-12     read as follows:

5-13           (a)  A court of this state loses its continuing, exclusive

5-14     jurisdiction to modify its order if:

5-15                 (1)  an order of adoption is rendered after the court

5-16     acquires continuing, exclusive jurisdiction of the suit;

5-17                 (2)  the parents of the child have remarried each other

5-18     after the dissolution of a previous marriage between them and file

5-19     a suit for the dissolution of their subsequent marriage combined

5-20     with a suit affecting the parent-child relationship as if there had

5-21     not been a prior court with continuing, exclusive jurisdiction over

5-22     the child; or

5-23                 (3)  another court assumed jurisdiction over a suit and

5-24     rendered a final order based on incorrect information received from

5-25     the bureau of vital statistics [Department of Protective and

5-26     Regulatory Services] that there was no court of continuing,

5-27     exclusive jurisdiction.

 6-1           SECTION 9.  Section 161.001, Family Code, is amended to read

 6-2     as follows:

 6-3           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

 6-4     RELATIONSHIP.  The court may order termination of the parent-child

 6-5     relationship if the court finds by clear and convincing evidence:

 6-6                 (1)  that the parent has:

 6-7                       (A)  voluntarily left the child alone or in the

 6-8     possession of another not the parent and expressed an intent not to

 6-9     return;

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

6-11     possession of another not the parent without expressing an intent

6-12     to return, without providing for the adequate support of the child,

6-13     and remained away for a period of at least three months;

6-14                       (C)  voluntarily left the child alone or in the

6-15     possession of another without providing adequate support of the

6-16     child and remained away for a period of at least six months;

6-17                       (D)  knowingly placed or knowingly allowed the

6-18     child to remain in conditions or surroundings which endanger the

6-19     physical or emotional well-being of the child;

6-20                       (E)  engaged in conduct or knowingly placed the

6-21     child with persons who engaged in conduct which endangers the

6-22     physical or emotional well-being of the child;

6-23                       (F)  failed to support the child in accordance

6-24     with the parent's [his] ability during a period of one year ending

6-25     within six months of the date of the filing of the petition;

6-26                       (G)  abandoned the child without identifying the

6-27     child or furnishing means of identification, and the child's

 7-1     identity cannot be ascertained by the exercise of reasonable

 7-2     diligence;

 7-3                       (H)  voluntarily, and with knowledge of the

 7-4     pregnancy, abandoned the mother of the child beginning at a time

 7-5     during her pregnancy with the child and continuing through the

 7-6     birth, failed to provide adequate support or medical care for the

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

 7-8     child, and remained apart from the child or failed to support the

 7-9     child since the birth;

7-10                       (I)  contumaciously refused to submit to a

7-11     reasonable and lawful order of a court under Chapter 264;

7-12                       (J)  been the major cause of:

7-13                             (i)  the failure of the child to be

7-14     enrolled in school as required by the Education Code; or

7-15                             (ii)  the child's absence from the child's

7-16     home without the consent of the parents or guardian for a

7-17     substantial length of time or without the intent to return;

7-18                       (K)  executed before or after the suit is filed

7-19     an unrevoked or irrevocable affidavit of relinquishment of parental

7-20     rights as provided by this chapter;

7-21                       (L)  been convicted or has been placed on

7-22     community supervision, including deferred adjudication community

7-23     supervision, for being [adjudicated to be] criminally responsible

7-24     for the death or serious injury of a child under the following

7-25     sections of the Penal Code or adjudicated under Title 3 for conduct

7-26     that caused the death or serious injury of a child and that would

7-27     constitute a violation of one of the following Penal Code sections:

 8-1                             (i)  Section 19.02 (murder);

 8-2                             (ii)  Section 19.03 (capital murder);

 8-3                             (iii)  Section 21.11 (indecency with a

 8-4     child);

 8-5                             (iv)  Section 22.01 (assault);

 8-6                             (v)  Section 22.011 (sexual assault);

 8-7                             (vi)  Section 22.02 (aggravated assault);

 8-8                             (vii)  Section 22.021 (aggravated sexual

 8-9     assault);

8-10                             (viii)  Section 22.04 (injury to a child,

8-11     elderly individual, or disabled individual);

8-12                             (ix)  Section 22.041 (abandoning or

8-13     endangering child);

8-14                             (x)  Section 25.02 (prohibited sexual

8-15     conduct);

8-16                             (xi)  Section 43.25 (sexual performance by

8-17     a child); and

8-18                             (xii)  Section 43.26 (possession or

8-19     promotion of child pornography);

8-20                       (M)  had his or her parent-child relationship

8-21     terminated with respect to another child based on a finding that

8-22     the parent's conduct was in violation of Paragraph (D) or (E) or

8-23     substantially equivalent provisions of the law of another state;

8-24     [or]

8-25                       (N)  constructively abandoned the child who has

8-26     been in the permanent or temporary managing conservatorship of the

8-27     Department of Protective and Regulatory Services or an authorized

 9-1     agency for not less than six months [one year], and:

 9-2                             (i)  the department or authorized agency

 9-3     has made reasonable efforts to return the child to the parent;

 9-4                             (ii)  the parent has not regularly visited

 9-5     or maintained significant contact with the child;  and

 9-6                             (iii)  the parent has demonstrated an

 9-7     inability to provide the child with a safe environment;

 9-8                       (O)  failed to comply with the provisions of a

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

9-10     the parent to obtain the return of the child who has been in the

9-11     permanent or temporary managing conservatorship of the Department

9-12     of Protective and Regulatory Services for not less than nine months

9-13     as a result of the child's removal from the parent under Chapter

9-14     262 for the abuse or neglect of the child;

9-15                       (P)  used a controlled substance, as defined by

9-16     Chapter 481, Health and Safety Code:

9-17                             (i)  in a manner that endangered the health

9-18     or safety of the child, and failed to complete a court-ordered

9-19     substance abuse treatment program; or

9-20                             (ii)  repeatedly, after completion of a

9-21     court-ordered substance treatment program, in a manner that

9-22     endangered the health or safety of the child;

9-23                       (Q)  knowingly engaged in criminal conduct that

9-24     results in the parent's imprisonment and inability to care for the

9-25     child for not less than two years from the date of filing the

9-26     petition; or

9-27                       (R)  been the cause of the child being born

 10-1    addicted to alcohol or a controlled substance, other than a

 10-2    controlled substance legally obtained by prescription, as defined

 10-3    by Section 261.001(7); and

 10-4                (2)  that termination is in the best interest of the

 10-5    child.

 10-6          SECTION 10.  Section 261.001, Family Code, is amended by

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

 10-8    follows:

 10-9                (1)  "Abuse" includes the following acts or omissions

10-10    by a person:

10-11                      (A)  mental or emotional injury to a child that

10-12    results in an observable and material impairment in the child's

10-13    growth, development, or psychological functioning;

10-14                      (B)  causing or permitting the child to be in a

10-15    situation in which the child sustains a mental or emotional injury

10-16    that results in an observable and material impairment in the

10-17    child's growth, development, or psychological functioning;

10-18                      (C)  physical injury that results in substantial

10-19    harm to the child, or the genuine threat of substantial harm from

10-20    physical injury to the child, including an injury that is at

10-21    variance with the history or explanation given and excluding an

10-22    accident or reasonable discipline by a parent, guardian, or

10-23    managing or possessory conservator that does not expose the child

10-24    to a substantial risk of harm;

10-25                      (D)  failure to make a reasonable effort to

10-26    prevent an action by another person that results in physical injury

10-27    that results in substantial harm to the child;

 11-1                      (E)  sexual conduct harmful to a child's mental,

 11-2    emotional, or physical welfare;

 11-3                      (F)  failure to make a reasonable effort to

 11-4    prevent sexual conduct harmful to a child;

 11-5                      (G)  compelling or encouraging the child to

 11-6    engage in sexual conduct as defined by Section 43.01, Penal Code;

 11-7    [or]

 11-8                      (H)  causing, permitting, encouraging, engaging

 11-9    in, or allowing the photographing, filming, or depicting of the

11-10    child if the person knew or should have known that the resulting

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

11-12    by Section 43.21, Penal Code, or pornographic;

11-13                      (I)  the current use by a person of a controlled

11-14    substance as defined by Chapter 481, Health and Safety Code, in a

11-15    manner or to the extent that the use results in physical, mental,

11-16    or emotional injury to a child; or

11-17                      (J)  causing, expressly permitting, or

11-18    encouraging a child to use a controlled substance as defined by

11-19    Chapter 481, Health and Safety Code.

11-20                (7)  "Born addicted to alcohol or a controlled

11-21    substance" means a child:

11-22                      (A)  who is born to a mother who during the

11-23    pregnancy used a controlled substance, as defined by Chapter 481,

11-24    Health and Safety Code, other than a controlled substance legally

11-25    obtained by prescription, or alcohol; and

11-26                      (B)  who, after birth as a result of the mother's

11-27    use of the controlled substance or alcohol:

 12-1                            (i)  experiences observable withdrawal from

 12-2    the alcohol or controlled substance;

 12-3                            (ii)  exhibits observable or harmful

 12-4    effects in the child's physical appearance or functioning; or

 12-5                            (iii)  exhibits the demonstrable presence

 12-6    of alcohol or a controlled substance in the child's bodily fluids.

 12-7          SECTION 11.  Section 261.101(d), Family Code, is amended to

 12-8    read as follows:

 12-9          (d)  The identity of an individual making a report under this

12-10    chapter is confidential and may be disclosed only on the order of a

12-11    court rendered under Section 261.201 or to a law enforcement

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

12-13    the report.

12-14          SECTION 12.  Section 261.201, Family Code, is amended by

12-15    amending Subsections (a), (c), (d), (e), and (f) and by adding

12-16    Subsection (g) to read as follows:

12-17          (a)  The following information is confidential, is not

12-18    subject to public release under Chapter 552, Government Code, and

12-19    may be disclosed only for purposes consistent with this code and

12-20    applicable federal or state law or under rules adopted by an

12-21    investigating agency:

12-22                (1)  a report of alleged or suspected abuse or neglect

12-23    made under this chapter and the identity of the person making the

12-24    report; and

12-25                (2)  except as otherwise provided in this section, the

12-26    files, reports, records, communications, audiotapes, videotapes,

12-27    and working papers used or developed in an investigation under this

 13-1    chapter or in providing services as a result of an investigation.

 13-2          (c)  In addition to Subsection (b), a court, on its own

 13-3    motion, may order disclosure of information that is confidential

 13-4    under this section if:

 13-5                (1)  the order is rendered at a hearing for which all

 13-6    parties have been given notice;

 13-7                (2)  the court finds that disclosure of the information

 13-8    is:

 13-9                      (A)  essential to the administration of justice;

13-10    and

13-11                      (B)  not likely to endanger the life or safety

13-12    of:

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

13-14    report of alleged or suspected abuse or neglect;

13-15                            (ii)  a person who makes a report of

13-16    alleged or suspected abuse or neglect; or

13-17                            (iii)  any other person who participates in

13-18    an investigation of reported abuse or neglect; and

13-19                (3)  the order is reduced to writing or made on the

13-20    record in open court.

13-21          (d)  The adoptive parents of a child who was the subject of

13-22    an investigation and an adult who was the subject of an

13-23    investigation as a child are entitled to examine and make copies of

13-24    any report, record, working paper, or other information in the

13-25    possession, custody, or control of the state that pertains to the

13-26    history of the child.  The department may edit the documents to

13-27    protect the identity of the biological parents and any other person

 14-1    whose identity is confidential.

 14-2          (e) [(d)]  Before placing a child who was the subject of an

 14-3    investigation, the department shall notify the prospective adoptive

 14-4    parents of their right to examine any report, record, working

 14-5    paper, or other information in the possession, custody, or control

 14-6    of the state that pertains to the history of the child.

 14-7          (f) [(e)]  The department shall provide prospective adoptive

 14-8    parents an opportunity to examine information under this section as

 14-9    early as practicable before placing a child.

14-10          (g) [(f)]  Notwithstanding Subsection (b), the department, on

14-11    request and subject to department rule, shall provide to the

14-12    parent, managing conservator, or other legal representative of a

14-13    child who is the subject of reported abuse or neglect information

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

14-15    confidential under this section if the department has edited the

14-16    information to protect the confidentiality of the identity of the

14-17    person who made the report and any other person whose life or

14-18    safety may be endangered by the disclosure.

14-19          SECTION 13.  Section 261.302(b), Family Code, is amended to

14-20    read as follows:

14-21          (b)  The interview with and examination of the child may:

14-22                (1)  be conducted at any reasonable time and place,

14-23    including the child's home or the child's school;  [and]

14-24                (2)  include the presence of persons the department or

14-25    designated agency determines are necessary; and

14-26                (3)  include transporting the child for purposes

14-27    relating to the interview or investigation.

 15-1          SECTION 14.  Section 261.302, Family Code, is amended by

 15-2    adding Subsection (e) to read as follows:

 15-3          (e)  An interview with a child alleged to be a victim of

 15-4    physical abuse or sexual abuse shall be audiotaped or videotaped

 15-5    unless the investigating agency determines that good cause exists

 15-6    for not audiotaping or videotaping the interview in accordance with

 15-7    rules of the agency.  Good cause may include, but is not limited

 15-8    to, such considerations as the age of the child and the nature and

 15-9    seriousness of the allegations under investigation.  Nothing in

15-10    this subsection shall be construed as prohibiting the investigating

15-11    agency from audiotaping or videotaping an interview of a child on

15-12    any case for which such audiotaping or videotaping is not required

15-13    under this subsection.

15-14          SECTION 15.  Sections 261.305(a)-(d), Family Code, are

15-15    amended to read as follows:

15-16          (a)  An investigation may include an inquiry into the

15-17    possibility that the child, a parent, or a person responsible for

15-18    the care of the child has a history of medical or mental illness.

15-19          (b)  If the parent or person responsible for the care of the

15-20    child does not allow the department or designated agency to have

15-21    access to medical or mental health records requested by the

15-22    department or agency, the court having family law jurisdiction, for

15-23    good cause  shown, shall order that the department or agency be

15-24    permitted to have access to the records under terms and conditions

15-25    prescribed by the court.

15-26          (c)  If the court determines that the parent or person

15-27    responsible for the care of the child is indigent, the court shall

 16-1    appoint an attorney to represent the parent or person responsible

 16-2    for the child at the hearing to obtain medical or mental health

 16-3    records.  The fees for the appointed attorney shall be paid by the

 16-4    department or designated agency.

 16-5          (d)  A parent or person responsible for the child's care is

 16-6    entitled to notice and a hearing when the department or designated

 16-7    agency seeks a court order to allow a medical, psychological, or

 16-8    psychiatric examination or access to medical or mental health

 16-9    records.

16-10          SECTION 16.  Section 261.312(c), Family Code, is amended to

16-11    read as follows:

16-12          (c)  A review team conducting a review of an investigation

16-13    may conduct the review by examining the facts of the case as

16-14    outlined by the department caseworker and law enforcement

16-15    personnel.  A review team member acting in the member's official

16-16    capacity may receive information made confidential under Section

16-17    40.005, Human Resources Code, or Section 261.201.  [In providing

16-18    information to a review team, the department may not disclose the

16-19    identity of a person who reports abuse or neglect or of another

16-20    individual involved in the investigation.  Information regarding

16-21    the identity of a person who reports abuse or neglect and of any

16-22    other individual involved in the investigation of a report is

16-23    confidential.]

16-24          SECTION 17.  Subchapter D, Chapter 261, Family Code, is

16-25    amended by adding Section 261.315 to read as follows:

16-26          Sec. 261.315.  EXEMPTION FROM FEES FOR MEDICAL RECORDS.  The

16-27    department is exempt from the payment of a fee otherwise required

 17-1    or authorized by law to obtain a medical record from a hospital or

 17-2    health care provider if the request for a record is made in the

 17-3    course of an investigation by the department.

 17-4          SECTION 18.  Section 261.406, Family Code, is amended by

 17-5    amending Subsections (a) and (b) and adding Subsection (d) to read

 17-6    as follows:

 17-7          (a)  On receipt of a report of alleged or suspected abuse or

 17-8    neglect of a child in a public or private school under the

 17-9    jurisdiction of the Texas [Central] Education Agency, the

17-10    department shall perform an investigation as provided by this

17-11    chapter.

17-12          (b)  The department shall send a written report of the

17-13    department's investigation to the Texas [Central] Education Agency,

17-14    the agency responsible for teacher certification, [and] the local

17-15    school board or local governing body, and the school principal,

17-16    unless the principal is alleged to have committed the abuse or

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

17-18    provide a copy of the report of investigation to the parent,

17-19    managing conservator, or legal guardian of a child who is the

17-20    subject of the investigation and to the person alleged to have

17-21    committed the abuse or neglect [report].  The report of

17-22    investigation shall be edited to protect the identity of the

17-23    persons who made [prepared] the report of abuse or neglect or

17-24    provided information for the report of abuse or neglect.  Section

17-25    261.201(b) applies to the release of confidential information

17-26    relating to the investigation of a report of abuse or neglect under

17-27    this section and to the identity of the person who made the report

 18-1    of abuse or neglect.

 18-2          (d)  The Board of Protective and Regulatory Services shall

 18-3    adopt rules necessary to implement this section.

 18-4          SECTION 19.  Section 262.1015, Family Code, is amended by

 18-5    amending Subsections (c), (d), (f), and (g) and by adding

 18-6    Subsection (h) to read as follows:

 18-7          (c)  [The notice requirements under Section 262.109 apply to

 18-8    a proceeding under this section.]  The order shall be served on the

 18-9    alleged perpetrator and on the parent or other adult with whom the

18-10    child will continue to reside.

18-11          (d)  A temporary restraining order under this section expires

18-12    not later than the 14th [10th] day after the date the order was

18-13    rendered.  [The requirements of an adversary hearing for the

18-14    removal of a child from the child's home under Subchapter C  apply

18-15    to the removal of an alleged perpetrator under this section.]

18-16          (f)  The court shall order the removal of an alleged

18-17    perpetrator if the court finds that the child is not in danger of

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

18-19    continue to reside in the child's residence and that:

18-20                (1)  the presence of the alleged perpetrator in the

18-21    child's residence constitutes a continuing danger to the physical

18-22    health or safety of the child; or

18-23                (2)  the child has been the victim of sexual abuse and

18-24    there is a substantial risk that the child will be the victim of

18-25    sexual abuse in the future if the alleged perpetrator remains in

18-26    the residence.

18-27          (g)  A person commits an offense if the person is a parent or

 19-1    other person with whom a child resides, the person is served with

 19-2    an order containing the requirement specified by Subsection (e),

 19-3    and the person fails to make a reasonable effort to monitor the

 19-4    residence of the child or to report to the department and the

 19-5    appropriate law enforcement agency an attempt by the alleged

 19-6    perpetrator to return to the residence.  An offense under this

 19-7    section is a Class A misdemeanor.

 19-8          (h) [(g)]  A person commits an offense if, in violation of a

 19-9    court order under this section, the person returns to the residence

19-10    of the child the person is alleged to have abused.  An offense

19-11    under this subsection is a Class A misdemeanor, except that the

19-12    offense is a felony of the third degree if the person has

19-13    previously been convicted under this subsection.

19-14          SECTION 20.  Section 262.104, Family Code, is amended to read

19-15    as follows:

19-16          Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY

19-17    WITHOUT A COURT ORDER.  If there is no time to obtain a temporary

19-18    restraining order or attachment before taking possession of a child

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

19-20    representative of the Department of Protective and Regulatory

19-21    Services, a law enforcement officer, or a juvenile probation

19-22    officer may take possession of a child without a court order under

19-23    the following conditions, only:

19-24                (1)  on personal knowledge of facts that would lead a

19-25    person of ordinary prudence and caution to believe that there is an

19-26    immediate danger to the physical health or safety of the child;

19-27                (2)  on information furnished by another that has been

 20-1    corroborated by personal knowledge of facts and all of which taken

 20-2    together would lead a person of ordinary prudence and caution to

 20-3    believe that there is an immediate danger to the physical health or

 20-4    safety of the child;

 20-5                (3)  on personal knowledge of facts that would lead a

 20-6    person of ordinary prudence and caution to believe that the child

 20-7    has been the victim of sexual abuse; [or]

 20-8                (4)  on information furnished by another that has been

 20-9    corroborated by personal knowledge of facts and all of which taken

20-10    together would lead a person of ordinary prudence and caution to

20-11    believe that the child has been the victim of sexual abuse; or

20-12                (5)  on information furnished by another that has been

20-13    corroborated by personal knowledge of facts and all of which taken

20-14    together would lead a person of ordinary prudence and caution to

20-15    believe that the parent or person who has possession of the child

20-16    is currently using a controlled substance as defined by Chapter

20-17    481, Health and Safety Code, and the use constitutes an immediate

20-18    danger to the physical health or safety of the child.

20-19          SECTION 21.  Section 262.201, Family Code, is amended by

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

20-21          (e)  When citation by publication is needed for a parent or

20-22    alleged or probable father in an action brought under this chapter

20-23    because the location of the parent, alleged father, or probable

20-24    father is unknown, the court may render a temporary order without

20-25    delay at any time after the filing of the action without regard to

20-26    whether notice of the citation by publication has been published.

20-27          SECTION 22.  Section 262.203, Family Code, is amended to read

 21-1    as follows:

 21-2          Sec. 262.203.  TRANSFER OF SUIT.  (a)  On the motion of a

 21-3    party or the court's own motion, if applicable, the court that

 21-4    rendered the temporary order shall transfer the suit in accordance

 21-5    with procedures provided by Chapter 155:

 21-6                (1)  to the court of continuing, exclusive

 21-7    jurisdiction, if any; or

 21-8                (2)  if there is no court of continuing jurisdiction,

 21-9    to the court having venue of the suit affecting the parent-child

21-10    relationship under Chapter 103.

21-11          (b)  Notwithstanding Section 155.204, a motion to transfer

21-12    under this section is timely if made at any time after the date a

21-13    suit was filed under this chapter.

21-14          SECTION 23.  Section 264.004, Family Code, is amended by

21-15    adding Subsection (c) to read as follows:

21-16          (c)  The department may use state and federal funds to

21-17    provide benefits or services to children and families who are

21-18    otherwise eligible for the benefits or services, including foster

21-19    care, adoption assistance, medical assistance, family reunification

21-20    services, and other child protective services and related benefits

21-21    without regard to the immigration status of the child or the

21-22    child's family.

21-23          SECTION 24.  Section 264.005, Family Code, is amended by

21-24    adding Subsections (f) and (g) to read as follows:

21-25          (f)  A county child protective services board member may

21-26    receive information that is confidential under Section 40.005,

21-27    Human Resources Code, or Section 261.201 when the board member is

 22-1    acting in the member's official capacity.

 22-2          (g)  A child welfare board may conduct a closed meeting under

 22-3    Section 551.101, Government Code, to discuss, consider, or act on a

 22-4    matter that is confidential under Section 40.005, Human Resources

 22-5    Code, or Section 261.201.

 22-6          SECTION 25.  Section 264.006, Family Code, is amended to read

 22-7    as follows:

 22-8          Sec. 264.006.  COUNTY FUNDS.  The commissioners court of a

 22-9    county may appropriate funds from its general fund or any other

22-10    fund for the administration of its county child welfare board.  The

22-11    court may provide for services to and support of children in need

22-12    of protection and care without regard to the immigration status of

22-13    the child or the child's family.

22-14          SECTION 26.  Subchapter A, Chapter 264, Family Code, is

22-15    amended by adding Sections 264.011 and 264.012 to read as follows:

22-16          Sec. 264.011.  LOCAL ACCOUNTS.  (a)  The department may

22-17    establish and maintain local bank or savings accounts for a child

22-18    who is under the managing conservatorship of the department as

22-19    necessary to administer funds received in trust for or on behalf of

22-20    the child.

22-21          (b)  Funds maintained in an account under this section may be

22-22    used by the department to support the child, including for the

22-23    payment of foster care expenses, or may be paid to a person

22-24    providing care for the child.

22-25          Sec. 264.012.  FUNERAL EXPENSES FOR CHILD IN FOSTER CARE.

22-26    The department may spend funds appropriated for the child

22-27    protective services program to pay reasonable and necessary funeral

 23-1    expenses for a child for whom the department has been appointed

 23-2    managing conservator and who dies in foster care.

 23-3          SECTION 27.  Section 264.101, Family Code, is amended to read

 23-4    as follows:

 23-5          Sec. 264.101.  FOSTER CARE PAYMENTS.  (a)  The department may

 23-6    pay the cost of [protective] foster care for a child:

 23-7                (1)  for whom the department has initiated a suit and

 23-8    has been named managing conservator under an order rendered under

 23-9    this title,[; and]

23-10                [(2)]  who is a resident of the state, and who has been

23-11    placed by the department in a foster home or child-care

23-12    institution, as defined by Chapter 42, Human Resources Code; or

23-13                (2)  who is under the placement and care of a state

23-14    agency or political subdivision with which the department has

23-15    entered into an agreement to reimburse the cost of care and

23-16    supervision of the child [ineligible for foster care payments under

23-17    the aid to families with dependent children program of the Texas

23-18    Department of Human Services].

23-19          (b)  The department may not pay the cost of protective foster

23-20    care for a child for whom the department has been named managing

23-21    conservator under an order rendered solely under Section

23-22    161.001(1)(J) [161.001].

23-23          (c)  The payment [total amount] of [payments for protective]

23-24    foster care, including medical care, for a child as authorized

23-25    under this  subchapter shall be made without regard to the child's

23-26    eligibility for federally funded care [must be equal to the total

23-27    amount of payments made for similar care for a child eligible for

 24-1    the aid to families with dependent children program of the Texas

 24-2    Department of Human Services].

 24-3          (d)  The Board of Protective and Regulatory Services may

 24-4    adopt rules that establish criteria and guidelines for the payment

 24-5    of foster care, including medical care, for a child and for

 24-6    providing care for a child after the child becomes 18 years of age

 24-7    if the child is regularly attending high school, an institution of

 24-8    higher education, or a vocational or technical program.

 24-9          (e)  The department may accept and spend funds available from

24-10    any source to pay for foster care, including medical care, for a

24-11    child in the department's care.

24-12          (f)  In this section, "child" means a person who:

24-13                (1)  is under 22 years of age and for whom the

24-14    department has been appointed managing conservator of the child

24-15    before the date the child became 18 years of age; or

24-16                (2)  is the responsibility of an agency with which the

24-17    department has entered into an agreement to provide care and

24-18    supervision of the child.

24-19          SECTION 28.  Subchapter B, Chapter 264, Family Code, is

24-20    amended by adding Section 264.1015 to read as follows:

24-21          Sec. 264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.

24-22    (a)  The cost of foster care provided for a child, including

24-23    medical care, is an obligation of the estate of the child and the

24-24    estate is liable to the department for the cost of the care.

24-25          (b)  The department may take action to recover from the

24-26    estate of the child the cost of foster care for the child.

24-27          SECTION 29.  Section 264.104, Family Code, is amended by

 25-1    amending Subsection (b) and adding Subsection (c) to read as

 25-2    follows:

 25-3          (b)  The cost of foster care for a child, including medical

 25-4    care, is a legal obligation of the child's parents, and the estate

 25-5    of a parent of the child is liable to the department for payment of

 25-6    the costs.

 25-7          (c)  The funds collected by the state under this section

 25-8    shall be used by the department for child welfare services.

 25-9          SECTION 30.  Section 264.105, Family Code, is amended to read

25-10    as follows:

25-11          Sec. 264.105.  MEDICAL SERVICES PAYMENTS [LIMITATION].  The

25-12    department shall attempt to maximize the use of federal funding to

25-13    [may not] provide [the] medical care payments authorized by Section

25-14    264.101(c) [if:]

25-15                [(1)  a federal law or regulation prohibits those

25-16    medical payments unless medical payments are also provided for

25-17    medically needy children who are not eligible for the aid to

25-18    families with dependent children program of the Texas Department of

25-19    Human Services and] for children for whom the department has been

25-20    [is not] named managing conservator[; or]

25-21                [(2)  the federal government does not fund at least 50

25-22    percent of the cost of the medical payments authorized by this

25-23    subchapter].

25-24          SECTION 31.  Section 264.302(c), Family Code, is amended to

25-25    read as follows:

25-26          (c)  The department may not provide services under this

25-27    section to a child who has:

 26-1                (1)  at any time been referred to juvenile court for

 26-2    engaging in conduct that violates a penal law of this state of the

 26-3    grade of felony other than a state jail felony; or

 26-4                (2)  been found to have engaged in delinquent conduct

 26-5    under Title 3.

 26-6          SECTION 32.  Section 264.406, Family Code, is amended by

 26-7    adding Subsection (f) to read as follows:

 26-8          (f)  When acting in the member's official capacity, a

 26-9    multidisciplinary team member is authorized to receive information

26-10    made confidential by Section 40.005, Human Resources Code, or

26-11    Section 261.201 or 264.408.

26-12          SECTION 33.  Subchapter E, Chapter 264, Family Code, is

26-13    amended by adding Sections 264.408-264.411 to read as follows:

26-14          Sec. 264.408.  USE OF INFORMATION AND RECORDS;

26-15    CONFIDENTIALITY AND OWNERSHIP.  (a)  The files, reports, records,

26-16    communications, and working papers used or developed in providing

26-17    services under this chapter are confidential and not subject to

26-18    public release under Chapter 552, Government Code, and may only be

26-19    disclosed for purposes consistent with this chapter.  Disclosure

26-20    may be to:

26-21                (1)  the department, department employees, law

26-22    enforcement agencies, prosecuting attorneys, medical professionals,

26-23    and other state agencies that provide services to children and

26-24    families; and

26-25                (2)  the attorney for the child who is the subject of

26-26    the records and a court-appointed volunteer advocate appointed for

26-27    the child under Section 107.031.

 27-1          (b)  Information related to the investigation of a report of

 27-2    abuse or neglect under Chapter 261 and services provided as a

 27-3    result of the investigation is confidential as provided by Section

 27-4    261.201.

 27-5          (c)  The department, a law enforcement agency, and a

 27-6    prosecuting attorney may share with a center information that is

 27-7    confidential under Section 261.201 as needed to provide services

 27-8    under this chapter.  Confidential information shared with or

 27-9    provided to a center remains the property of the agency that shared

27-10    or provided the information to the center.

27-11          (d)  A videotaped interview of a child made at a center is

27-12    the property of the prosecuting attorney involved in the criminal

27-13    prosecution of the case involving the child.  If no criminal

27-14    prosecution occurs, the videotaped interview is the property of the

27-15    attorney involved in representing the department in a civil action

27-16    alleging child abuse or neglect.  If the matter involving the child

27-17    is not prosecuted, the videotape is the property of the department

27-18    if the matter is an investigation by the department of abuse or

27-19    neglect.  If the department is not investigating or has not

27-20    investigated the matter, the videotape is the property of the

27-21    agency that referred the matter to the center.  If the center

27-22    employs a custodian of records for videotaped interviews of

27-23    children, the center is responsible for the custody of the

27-24    videotape.  A videotaped interview may be shared with other

27-25    agencies under a written agreement.

27-26          (e)  The department shall be allowed access to a center's

27-27    videotaped interviews of children.

 28-1          Sec. 264.409.  ADMINISTRATIVE CONTRACTS.  The department may

 28-2    contract with a statewide organization of individuals or groups of

 28-3    individuals who have expertise in the establishment and operation

 28-4    of children's advocacy center programs.  The statewide organization

 28-5    shall provide training, technical assistance, and evaluation

 28-6    services for local children's advocacy center programs.

 28-7          Sec. 264.410.  CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS.

 28-8    (a)  The statewide organization with which the department contracts

 28-9    under Section 264.409 shall contract for services with eligible

28-10    centers to enhance the existing services of the programs.

28-11          (b)  The contract under this section may not result in

28-12    reducing the financial support a local center receives from another

28-13    source.

28-14          Sec. 264.411.  ELIGIBILITY FOR CONTRACTS.  (a)  A public

28-15    entity or nonprofit entity is eligible for a contract under Section

28-16    264.410 if the entity:

28-17                (1)  has a signed memorandum of understanding as

28-18    provided by Section 264.403;

28-19                (2)  operates under the authority of a governing board

28-20    as provided by Section 264.404;

28-21                (3)  has a multidisciplinary team of persons involved

28-22    in the investigation or prosecution of child abuse cases or the

28-23    delivery of services as provided by Section 264.406;

28-24                (4)  holds regularly scheduled case reviews as provided

28-25    by Section 264.406;

28-26                (5)  operates in a neutral and physically separate

28-27    space from the day-to-day operations of any public agency partner;

 29-1                (6)  has developed a method of statistical information

 29-2    gathering on children receiving services through the center and

 29-3    shares such statistical information with the statewide organization

 29-4    and the department when requested;

 29-5                (7)  has an in-house volunteer program;

 29-6                (8)  employs an executive director who is answerable to

 29-7    the board of directors of the entity and who is not the exclusive

 29-8    salaried employee of any public agency partner; and

 29-9                (9)  operates under a working protocol that includes a

29-10    statement of:

29-11                      (A)  the center's mission;

29-12                      (B)  each agency's role and commitment to the

29-13    center;

29-14                      (C)  the type of cases to be handled by the

29-15    center; and

29-16                      (D)  procedure for case reviews.

29-17          (b)  The statewide organization may waive the requirements

29-18    specified in Subsection (a) if it determines that the waiver will

29-19    not adversely affect the center's ability to carry out its duties

29-20    under Section 264.405.  Any waiver that is granted must be

29-21    identified in the written contract with the center.  If a request

29-22    for a waiver is denied, an appeal of the decision may be made to

29-23    the department's executive director, who may reverse the decision.

29-24    If the executive director approves a request for a waiver on

29-25    appeal, the statewide organization shall contract with the center

29-26    and shall include the waiver in the contract.

29-27          SECTION 34.  Section 25.002(f), Education Code, is amended to

 30-1    read as follows:

 30-2          (f)  Except as otherwise provided by this subsection, for a

 30-3    child to be enrolled in a public school, the child must be enrolled

 30-4    by the child's parent or by the child's guardian or other person

 30-5    with legal control of the child under a court order.  [If a person

 30-6    with legal authority to enroll the child in school cannot be

 30-7    identified and located, the school district that receives the

 30-8    child's application for enrollment shall notify the Department of

 30-9    Protective and Regulatory Services and shall admit the child as

30-10    provided by Section 25.001.  The district shall direct any

30-11    communication that is required with a parent to the Department of

30-12    Protective and Regulatory Services unless that department specifies

30-13    otherwise.  In this subsection, "child" has the meaning assigned by

30-14    Section 101.003, Family Code.]

30-15          SECTION 35.  Section 40.003, Human Resources Code, is amended

30-16    to read as follows:

30-17          Sec. 40.003.  SUNSET PROVISION.  The Department of Protective

30-18    and Regulatory Services is subject to Chapter 325, Government Code

30-19    (Texas Sunset Act).  Unless continued in existence as provided by

30-20    that chapter, the department is abolished and this chapter expires

30-21    September 1, 1999 [1997].

30-22          SECTION 36.  (a)  Subchapter C, Chapter 42, Human Resources

30-23    Code, is amended by adding Section 42.0535 to read as follows:

30-24          Sec. 42.0535.  REQUIRED INFORMATION FOR VERIFICATION.  (a)  A

30-25    child-placing agency that seeks to verify an agency home or an

30-26    agency group home shall request background information about the

30-27    agency home or group home from a child-placing agency that has

 31-1    previously verified that agency home or agency group home.

 31-2          (b)  Notwithstanding Section 261.201, Family Code, a

 31-3    child-placing agency that has verified an agency home or an agency

 31-4    group home is required to release to another child-placing agency

 31-5    background information requested under Subsection (a).

 31-6          (c)  A child-placing agency that releases background

 31-7    information under this section is immune from civil and criminal

 31-8    liability for the release of the information.

 31-9          (d)  For purposes of this section, background information

31-10    means the home study under which the agency home or agency group

31-11    home was verified by the previous child-placing agency and any

31-12    record of noncompliance with state minimum standards received and

31-13    the resolution of any such noncompliance by the previous

31-14    child-placing agency.

31-15          (b)  This section takes effect September 1, 1997, and applies

31-16    only to the release by a child-placing agency of background

31-17    information about an agency home or agency group home on or after

31-18    that date.  The release of background information before that date

31-19    is governed by the law as it existed immediately before the

31-20    effective date of this section, and that law is continued in effect

31-21    for that purpose.

31-22          SECTION 37.  (a)  The change in law made by Section 2 of this

31-23    Act applies only to an offense committed on or after the effective

31-24    date of this Act.  For the purpose of this section, an offense is

31-25    committed before the effective date of this Act if any element of

31-26    the offense occurs before that date.

31-27          (b)  An offense committed before the effective date of this

 32-1    Act is covered by the law in effect when the offense was committed,

 32-2    and the former law is continued in effect for that purpose.

 32-3          SECTION 38.  This Act takes effect September 1, 1997, and

 32-4    applies to a suit affecting the parent-child relationship filed on

 32-5    or after that date.  A suit filed before the effective date of this

 32-6    Act is governed by the law in effect on the date the suit was

 32-7    filed, and the former law is continued in effect for that purpose.

 32-8          SECTION 39.  The change in law made by this Act to Section

 32-9    40.003, Human Resources Code, takes effect only if S.B. 359, Acts

32-10    of the 75th Legislature, Regular Session, 1997, does not become

32-11    law.  If that bill does not become law, the change made by this Act

32-12    to Section 40.003, Human Resources Code, takes effect September 1,

32-13    1997.

32-14          SECTION 40.  The importance of this legislation and the

32-15    crowded condition of the calendars in both houses create an

32-16    emergency and an imperative public necessity that the

32-17    constitutional rule requiring bills to be read on three several

32-18    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1826 was passed by the House on April

         16, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1826 on May 14, 1997, by a non-record

         vote; and that the House adopted H.C.R. No. 270 authorizing certain

         corrections in H.B. No. 1826 on May 16, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1826 was passed by the Senate, with

         amendments, on May 12, 1997, by a viva-voce vote; and that the

         Senate adopted H.C.R. No. 270 authorizing certain corrections in

         H.B. No. 1826 on May 19, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor