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