75R10137 JMM-F
By Goodman, Naishtat H.B. No. 1826
Substitute the following for H.B. No. 1826:
By McReynolds C.S.H.B. No. 1826
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Department of Protective and Regulatory Services,
1-3 the protection of children from abuse and neglect, and the
1-4 conservatorship of children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 32.005(b), Family Code, is amended to
1-7 read as follows:
1-8 (b) An examination under this section may include X-rays,
1-9 blood tests, photographs, and penetration of tissue necessary to
1-10 accomplish those tests.
1-11 SECTION 2. Section 102.003, Family Code, is amended to read
1-12 as follows:
1-13 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
1-14 suit may be filed at any time by:
1-15 (1) a parent of the child;
1-16 (2) the child through a representative authorized by
1-17 the court;
1-18 (3) a custodian or person having the right of
1-19 visitation with or access to the child appointed by an order of a
1-20 court of another state or country;
1-21 (4) a guardian of the person or of the estate of the
1-22 child;
1-23 (5) a governmental entity;
1-24 (6) an authorized agency;
2-1 (7) a licensed child placing agency;
2-2 (8) a man alleging himself to be the biological father
2-3 of a child filing in accordance with Chapter 160, subject to the
2-4 limitations of Section 160.101, but not otherwise;
2-5 (9) a person who has had actual care, control, and
2-6 possession of the child for not less than six months preceding the
2-7 filing of the petition;
2-8 (10) a person designated as the managing conservator
2-9 in a revoked or unrevoked affidavit of relinquishment under Chapter
2-10 161 or to whom consent to adoption has been given in writing under
2-11 Chapter 162; [or]
2-12 (11) a person with whom the child and the child's
2-13 guardian, managing conservator, or parent have resided for not less
2-14 than six months preceding the filing of the petition if the child's
2-15 guardian, managing conservator, or parent is deceased at the time
2-16 of the filing of the petition; or
2-17 (12) a person who is the foster parent of a child
2-18 placed by the Department of Protective and Regulatory Services in
2-19 the person's home for a period of not less than 18 months preceding
2-20 the date of the filing of the petition.
2-21 SECTION 3. Section 104.002, Family Code, is amended to read
2-22 as follows:
2-23 Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12
2-24 years of age or younger is alleged in a suit under this title to
2-25 have been abused or to have observed another child 12 years of age
2-26 or younger being abused, the recording of an oral statement of the
2-27 child recorded prior to the proceeding is admissible into evidence
3-1 if:
3-2 (1) no attorney for a party was present when the
3-3 statement was made;
3-4 (2) the recording is both visual and aural and is
3-5 recorded on film or videotape or by other electronic means;
3-6 (3) the recording equipment was capable of making an
3-7 accurate recording, the operator was competent, and the recording
3-8 is accurate and has not been altered;
3-9 (4) the statement was not made in response to
3-10 questioning calculated to lead the child to make a particular
3-11 statement;
3-12 (5) each voice on the recording is identified;
3-13 (6) the person conducting the interview of the child
3-14 in the recording is present at the proceeding and available to
3-15 testify or be cross-examined by either party; and
3-16 (7) each party is afforded an opportunity to view the
3-17 recording before it is offered into evidence.
3-18 SECTION 4. Chapter 104, Family Code, is amended by adding
3-19 Section 104.006 to read as follows:
3-20 Sec. 104.006. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. In a
3-21 suit affecting the parent-child relationship, a statement made by a
3-22 child 12 years of age or younger that describes alleged abuse
3-23 against the child, without regard to whether the statement is
3-24 otherwise inadmissible as hearsay, is admissible as evidence if, in
3-25 a hearing conducted outside the presence of the jury, the court
3-26 finds that the time, content, and circumstances of the statement
3-27 provide sufficient indications of the statement's reliability and:
4-1 (1) the child testifies or is available to testify at
4-2 the proceeding in court or in any other manner provided for by law;
4-3 or
4-4 (2) the court determines that the use of the statement
4-5 in lieu of the child's testimony is necessary to protect the
4-6 welfare of the child.
4-7 SECTION 5. Section 107.016, Family Code, is amended to read
4-8 as follows:
4-9 Sec. 107.016. CONTINUED REPRESENTATION. In a suit brought
4-10 by a governmental entity seeking termination of the parent-child
4-11 relationship or appointment of the entity as conservator of the
4-12 child, an order appointing the Department of Protective and
4-13 Regulatory Services as the child's managing conservator may provide
4-14 for the continuation of the attorney ad litem appointment for the
4-15 child for any period set by the court.
4-16 SECTION 6. Section 152.003(e), Family Code, is amended to
4-17 read as follows:
4-18 (e) A court that has jurisdiction of a suit under Subsection
4-19 (a)(3) for which a court in another state may exercise jurisdiction
4-20 under prerequisites substantially in accordance with Subsection
4-21 (a)(1) or (2) may enter only a temporary order to protect the
4-22 child. The suit shall be dismissed in this state on the date a
4-23 court of competent jurisdiction in another state signs an order in
4-24 the suit or on the 91st day after the date the court in this state
4-25 exercised its jurisdiction, whichever date occurs first. This
4-26 subsection does not apply to a suit brought under Chapter 262.
4-27 SECTION 7. Section 155.004(a), Family Code, is amended to
5-1 read as follows:
5-2 (a) A court of this state loses its continuing, exclusive
5-3 jurisdiction to modify its order if:
5-4 (1) an order of adoption is rendered after the court
5-5 acquires continuing, exclusive jurisdiction of the suit;
5-6 (2) the parents of the child have remarried each other
5-7 after the dissolution of a previous marriage between them and file
5-8 a suit for the dissolution of their subsequent marriage combined
5-9 with a suit affecting the parent-child relationship as if there had
5-10 not been a prior court with continuing, exclusive jurisdiction over
5-11 the child; or
5-12 (3) another court assumed jurisdiction over a suit and
5-13 rendered a final order based on incorrect information received from
5-14 the bureau of vital statistics [Department of Protective and
5-15 Regulatory Services] that there was no court of continuing,
5-16 exclusive jurisdiction.
5-17 SECTION 8. Section 161.001, Family Code, is amended to read
5-18 as follows:
5-19 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
5-20 RELATIONSHIP. The court may order termination of the parent-child
5-21 relationship if the court finds by clear and convincing evidence:
5-22 (1) that the parent has:
5-23 (A) voluntarily left the child alone or in the
5-24 possession of another not the parent and expressed an intent not to
5-25 return;
5-26 (B) voluntarily left the child alone or in the
5-27 possession of another not the parent without expressing an intent
6-1 to return, without providing for the adequate support of the child,
6-2 and remained away for a period of at least three months;
6-3 (C) voluntarily left the child alone or in the
6-4 possession of another without providing adequate support of the
6-5 child and remained away for a period of at least six months;
6-6 (D) knowingly placed or knowingly allowed the
6-7 child to remain in conditions or surroundings which endanger the
6-8 physical or emotional well-being of the child;
6-9 (E) engaged in conduct or knowingly placed the
6-10 child with persons who engaged in conduct which endangers the
6-11 physical or emotional well-being of the child;
6-12 (F) failed to support the child in accordance
6-13 with his ability during a period of one year ending within six
6-14 months of the date of the filing of the petition;
6-15 (G) abandoned the child without identifying the
6-16 child or furnishing means of identification, and the child's
6-17 identity cannot be ascertained by the exercise of reasonable
6-18 diligence;
6-19 (H) voluntarily, and with knowledge of the
6-20 pregnancy, abandoned the mother of the child beginning at a time
6-21 during her pregnancy with the child and continuing through the
6-22 birth, failed to provide adequate support or medical care for the
6-23 mother during the period of abandonment before the birth of the
6-24 child, and remained apart from the child or failed to support the
6-25 child since the birth;
6-26 (I) contumaciously refused to submit to a
6-27 reasonable and lawful order of a court under Chapter 264;
7-1 (J) been the major cause of:
7-2 (i) the failure of the child to be
7-3 enrolled in school as required by the Education Code; or
7-4 (ii) the child's absence from the child's
7-5 home without the consent of the parents or guardian for a
7-6 substantial length of time or without the intent to return;
7-7 (K) executed before or after the suit is filed
7-8 an unrevoked or irrevocable affidavit of relinquishment of parental
7-9 rights as provided by this chapter;
7-10 (L) been convicted or has been placed on
7-11 community supervision, including deferred adjudication community
7-12 supervision for being [adjudicated to be] criminally responsible
7-13 for the death or serious injury of a child under the following
7-14 sections of the Penal Code or adjudicated under Title 3 for conduct
7-15 that caused the death or serious injury of a child and that would
7-16 constitute a violation of one of the following Penal Code sections:
7-17 (i) Section 19.02 (murder);
7-18 (ii) Section 19.03 (capital murder);
7-19 (iii) Section 21.11 (indecency with a
7-20 child);
7-21 (iv) Section 22.01 (assault);
7-22 (v) Section 22.011 (sexual assault);
7-23 (vi) Section 22.02 (aggravated assault);
7-24 (vii) Section 22.021 (aggravated sexual
7-25 assault);
7-26 (viii) Section 22.04 (injury to a child,
7-27 elderly individual, or disabled individual);
8-1 (ix) Section 22.041 (abandoning or
8-2 endangering child);
8-3 (x) Section 25.02 (prohibited sexual
8-4 conduct);
8-5 (xi) Section 43.25 (sexual performance by
8-6 a child); and
8-7 (xii) Section 43.26 (possession or
8-8 promotion of child pornography);
8-9 (M) had his or her parent-child relationship
8-10 terminated with respect to another child based on a finding that
8-11 the parent's conduct was in violation of Paragraph (D) or (E) or
8-12 substantially equivalent provisions of the law of another state;
8-13 [or]
8-14 (N) constructively abandoned the child who has
8-15 been in the permanent or temporary managing conservatorship of the
8-16 Department of Protective and Regulatory Services or an authorized
8-17 agency for not less than six months [one year], and:
8-18 (i) the department or authorized agency
8-19 has made reasonable efforts to return the child to the parent;
8-20 (ii) the parent has not regularly visited
8-21 or maintained significant contact with the child; and
8-22 (iii) the parent has demonstrated an
8-23 inability to provide the child with a safe environment;
8-24 (O) knowingly engaged in criminal conduct that
8-25 results in the parent's imprisonment and inability to care for the
8-26 child for not less than two years from the date of filing the
8-27 petition;
9-1 (P) used a controlled substance, as defined by
9-2 Chapter 481, Health and Safety Code, in a manner or to an extent
9-3 that endangered the health or safety of the child, and:
9-4 (i) failed to complete a court-ordered
9-5 substance abuse treatment program; or
9-6 (ii) repeatedly used a controlled
9-7 substance after completion of a court-ordered substance abuse
9-8 treatment program;
9-9 (Q) failed to comply with the provisions of a
9-10 court order that specifically established the actions necessary for
9-11 the parent to obtain the return of the child who has been in the
9-12 permanent or temporary managing conservatorship of the Department
9-13 of Protective and Regulatory Services for not less than nine months
9-14 as a result of the child's removal from the parent under Chapter
9-15 262 for the abuse or neglect of the child; or
9-16 (R) been the cause of the child being born
9-17 addicted to alcohol or a controlled substance, other than a
9-18 controlled substance legally obtained by prescription, as defined
9-19 by Section 261.001(7); and
9-20 (2) that termination is in the best interest of the
9-21 child.
9-22 SECTION 9. Section 261.001, Family Code, is amended by
9-23 amending Subdivision (1) and adding Subdivision (7) to read as
9-24 follows:
9-25 (1) "Abuse" includes the following acts or omissions
9-26 by a person:
9-27 (A) mental or emotional injury to a child that
10-1 results in an observable and material impairment in the child's
10-2 growth, development, or psychological functioning;
10-3 (B) causing or permitting the child to be in a
10-4 situation in which the child sustains a mental or emotional injury
10-5 that results in an observable and material impairment in the
10-6 child's growth, development, or psychological functioning;
10-7 (C) physical injury that results in substantial
10-8 harm to the child, or the genuine threat of substantial harm from
10-9 physical injury to the child, including an injury that is at
10-10 variance with the history or explanation given and excluding an
10-11 accident or reasonable discipline by a parent, guardian, or
10-12 managing or possessory conservator that does not expose the child
10-13 to a substantial risk of harm;
10-14 (D) failure to make a reasonable effort to
10-15 prevent an action by another person that results in physical injury
10-16 that results in substantial harm to the child;
10-17 (E) sexual conduct harmful to a child's mental,
10-18 emotional, or physical welfare;
10-19 (F) failure to make a reasonable effort to
10-20 prevent sexual conduct harmful to a child;
10-21 (G) compelling or encouraging the child to
10-22 engage in sexual conduct as defined by Section 43.01, Penal Code;
10-23 [or]
10-24 (H) causing, permitting, encouraging, engaging
10-25 in, or allowing the photographing, filming, or depicting of the
10-26 child if the person knew or should have known that the resulting
10-27 photograph, film, or depiction of the child is obscene as defined
11-1 by Section 43.21, Penal Code, or pornographic;
11-2 (I) the current use by a person of a controlled
11-3 substance as defined by Chapter 481, Health and Safety Code, in a
11-4 manner or to the extent that the use results in physical, mental,
11-5 or emotional injury to a child; or
11-6 (J) causing, expressly permitting, or
11-7 encouraging a child to use a controlled substance as defined by
11-8 Chapter 481, Health and Safety Code.
11-9 (7) "Born addicted to alcohol or a controlled
11-10 substance" means a child:
11-11 (A) who is born to a mother who during the
11-12 pregnancy used a controlled substance, as defined by Chapter 481,
11-13 Health and Safety Code, other than a controlled substance legally
11-14 obtained by prescription, or alcohol; and
11-15 (B) who, after birth as a result of the mother's
11-16 use of the controlled substance or alcohol:
11-17 (i) experiences observable withdrawal from
11-18 the alcohol or controlled substance;
11-19 (ii) exhibits observable or harmful
11-20 effects in the child's physical appearance or functioning; or
11-21 (iii) exhibits the demonstrable presence
11-22 of alcohol or a controlled substance in the child's bodily fluids.
11-23 SECTION 10. Section 261.101(d), Family Code, is amended to
11-24 read as follows:
11-25 (d) The identity of an individual making a report under this
11-26 chapter is confidential and may be disclosed only on the order of a
11-27 court rendered under Section 261.201 or to a law enforcement
12-1 officer for the purposes of conducting a criminal investigation of
12-2 the report.
12-3 SECTION 11. Section 261.201, Family Code, is amended by
12-4 amending Subsections (c), (d), (e), and (f) and by adding
12-5 Subsection (g) to read as follows:
12-6 (c) In addition to Subsection (b), a court, on its own
12-7 motion, may order disclosure of information that is confidential
12-8 under this section if:
12-9 (1) the order is rendered at a hearing for which all
12-10 parties have been given notice;
12-11 (2) the court finds that disclosure of the information
12-12 is:
12-13 (A) essential to the administration of justice;
12-14 and
12-15 (B) not likely to endanger the life or safety
12-16 of:
12-17 (i) a child who is the subject of the
12-18 report of alleged or suspected abuse or neglect;
12-19 (ii) a person who makes a report of
12-20 alleged or suspected abuse or neglect; or
12-21 (iii) any other person who participates in
12-22 an investigation of reported abuse or neglect; and
12-23 (3) the order is reduced to writing or made on the
12-24 record in open court.
12-25 (d) The adoptive parents of a child who was the subject of
12-26 an investigation and an adult who was the subject of an
12-27 investigation as a child are entitled to examine and make copies of
13-1 any report, record, working paper, or other information in the
13-2 possession, custody, or control of the state that pertains to the
13-3 history of the child. The department may edit the documents to
13-4 protect the identity of the biological parents and any other person
13-5 whose identity is confidential.
13-6 (e) [(d)] Before placing a child who was the subject of an
13-7 investigation, the department shall notify the prospective adoptive
13-8 parents of their right to examine any report, record, working
13-9 paper, or other information in the possession, custody, or control
13-10 of the state that pertains to the history of the child.
13-11 (f) [(e)] The department shall provide prospective adoptive
13-12 parents an opportunity to examine information under this section as
13-13 early as practicable before placing a child.
13-14 (g) [(f)] Notwithstanding Subsection (b), the department, on
13-15 request and subject to department rule, shall provide to the
13-16 parent, managing conservator, or other legal representative of a
13-17 child who is the subject of reported abuse or neglect information
13-18 concerning the reported abuse or neglect that would otherwise be
13-19 confidential under this section if the department has edited the
13-20 information to protect the confidentiality of the identity of the
13-21 person who made the report and any other person whose life or
13-22 safety may be endangered by the disclosure.
13-23 SECTION 12. Section 261.302(b), Family Code, is amended to
13-24 read as follows:
13-25 (b) The interview with and examination of the child may:
13-26 (1) be conducted at any reasonable time and place,
13-27 including the child's home or the child's school; [and]
14-1 (2) include the presence of persons the department or
14-2 designated agency determines are necessary; and
14-3 (3) include transporting the child for purposes
14-4 relating to the interview or investigation.
14-5 SECTION 13. Sections 261.305(a)-(d), Family Code, are
14-6 amended to read as follows:
14-7 (a) An investigation may include an inquiry into the
14-8 possibility that the child, a parent, or a person responsible for
14-9 the care of the child has a history of medical or mental illness.
14-10 (b) If the parent or person responsible for the care of the
14-11 child does not allow the department or designated agency to have
14-12 access to medical or mental health records requested by the
14-13 department or agency, the court having family law jurisdiction, for
14-14 good cause shown, shall order that the department or agency be
14-15 permitted to have access to the records under terms and conditions
14-16 prescribed by the court.
14-17 (c) If the court determines that the parent or person
14-18 responsible for the care of the child is indigent, the court shall
14-19 appoint an attorney to represent the parent or person responsible
14-20 for the child at the hearing to obtain medical or mental health
14-21 records. The fees for the appointed attorney shall be paid by the
14-22 department or designated agency.
14-23 (d) A parent or person responsible for the child's care is
14-24 entitled to notice and a hearing when the department or designated
14-25 agency seeks a court order to allow a medical, psychological, or
14-26 psychiatric examination or access to medical or mental health
14-27 records.
15-1 SECTION 14. Section 261.312(c), Family Code, is amended to
15-2 read as follows:
15-3 (c) A review team conducting a review of an investigation
15-4 may conduct the review by examining the facts of the case as
15-5 outlined by the department caseworker and law enforcement
15-6 personnel. A review team member acting in the member's official
15-7 capacity may receive information made confidential under Section
15-8 40.005, Human Resources Code, or Section 261.201. [In providing
15-9 information to a review team, the department may not disclose the
15-10 identity of a person who reports abuse or neglect or of another
15-11 individual involved in the investigation. Information regarding
15-12 the identity of a person who reports abuse or neglect and of any
15-13 other individual involved in the investigation of a report is
15-14 confidential.]
15-15 SECTION 15. Subchapter D, Chapter 261, Family Code, is
15-16 amended by adding Section 261.315 to read as follows:
15-17 Sec. 261.315. EXEMPTION FROM FEES FOR MEDICAL RECORDS. The
15-18 department is exempt from the payment of a fee otherwise required
15-19 or authorized by law to obtain a medical record from a hospital or
15-20 health care provider if the request for a record is made in the
15-21 course of an investigation by the department.
15-22 SECTION 16. Section 261.406, Family Code, is amended by
15-23 amending Subsections (a) and (b) and adding Subsection (d) to read
15-24 as follows:
15-25 (a) On receipt of a report of alleged or suspected abuse or
15-26 neglect of a child in a public or private school under the
15-27 jurisdiction of the Texas [Central] Education Agency, the
16-1 department shall perform an investigation as provided by this
16-2 chapter.
16-3 (b) The department shall send a written report of the
16-4 department's investigation to the Texas [Central] Education Agency,
16-5 the agency responsible for teacher certification, [and] the local
16-6 school board or local governing body, and the school principal,
16-7 unless the principal is alleged to have committed the abuse or
16-8 neglect, for appropriate action. On request, the department shall
16-9 provide a copy of the report of investigation to the parent,
16-10 managing conservator, or legal guardian of a child who is the
16-11 subject of the investigation and to the person alleged to have
16-12 committed the abuse or neglect [report]. The report of
16-13 investigation shall be edited to protect the identity of the
16-14 persons who made [prepared] the report of abuse or neglect or
16-15 provided information for the report of abuse or neglect. Section
16-16 261.201(b) applies to the release of confidential information
16-17 relating to the investigation of a report of abuse or neglect under
16-18 this section and to the identity of the person who made the report
16-19 of abuse or neglect.
16-20 (d) The Board of Protective and Regulatory Services shall
16-21 adopt rules necessary to implement this section.
16-22 SECTION 17. Section 262.1015, Family Code, is amended by
16-23 amending Subsections (c), (d), (f), and (g) and by adding
16-24 Subsection (h) to read as follows:
16-25 (c) [The notice requirements under Section 262.109 apply to
16-26 a proceeding under this section.] The order shall be served on the
16-27 alleged perpetrator and on the parent or other adult with whom the
17-1 child will continue to reside.
17-2 (d) A temporary restraining order under this section expires
17-3 not later than the 14th [10th] day after the date the order was
17-4 rendered. [The requirements of an adversary hearing for the
17-5 removal of a child from the child's home under Subchapter C apply
17-6 to the removal of an alleged perpetrator under this section.]
17-7 (f) The court shall order the removal of an alleged
17-8 perpetrator if the court finds that the child is not in danger of
17-9 abuse from a parent or other adult with whom the child will
17-10 continue to reside in the child's residence and that:
17-11 (1) the presence of the alleged perpetrator in the
17-12 child's residence constitutes a continuing danger to the physical
17-13 health or safety of the child; or
17-14 (2) the child has been the victim of sexual abuse and
17-15 there is a substantial risk that the child will be the victim of
17-16 sexual abuse in the future if the alleged perpetrator remains in
17-17 the residence.
17-18 (g) A person commits an offense if the person is a parent or
17-19 other person with whom a child resides, the person is served with
17-20 an order containing the requirement specified by Subsection (e),
17-21 and the person fails to make a reasonable effort to monitor the
17-22 residence of the child or to report to the department and the
17-23 appropriate law enforcement agency an attempt by the alleged
17-24 perpetrator to return to the residence. An offense under this
17-25 section is a Class A misdemeanor.
17-26 (h) [(g)] A person commits an offense if, in violation of a
17-27 court order under this section, the person returns to the residence
18-1 of the child the person is alleged to have abused. An offense
18-2 under this subsection is a Class A misdemeanor, except that the
18-3 offense is a felony of the third degree if the person has
18-4 previously been convicted under this subsection.
18-5 SECTION 18. Section 262.104, Family Code, is amended to
18-6 read as follows:
18-7 Sec. 262.104. TAKING POSSESSION OF A CHILD IN EMERGENCY
18-8 WITHOUT A COURT ORDER. If there is no time to obtain a temporary
18-9 restraining order or attachment before taking possession of a child
18-10 consistent with the health and safety of that child, an authorized
18-11 representative of the Department of Protective and Regulatory
18-12 Services, a law enforcement officer, or a juvenile probation
18-13 officer may take possession of a child without a court order under
18-14 the following conditions, only:
18-15 (1) on personal knowledge of facts that would lead a
18-16 person of ordinary prudence and caution to believe that there is an
18-17 immediate danger to the physical health or safety of the child;
18-18 (2) on information furnished by another that has been
18-19 corroborated by personal knowledge of facts and all of which taken
18-20 together would lead a person of ordinary prudence and caution to
18-21 believe that there is an immediate danger to the physical health or
18-22 safety of the child;
18-23 (3) on personal knowledge of facts that would lead a
18-24 person of ordinary prudence and caution to believe that the child
18-25 has been the victim of sexual abuse; [or]
18-26 (4) on information furnished by another that has been
18-27 corroborated by personal knowledge of facts and all of which taken
19-1 together would lead a person of ordinary prudence and caution to
19-2 believe that the child has been the victim of sexual abuse; or
19-3 (5) on information furnished by another that has been
19-4 corroborated by personal knowledge of facts and all of which taken
19-5 together would lead a person of ordinary prudence and caution to
19-6 believe that the parent or person who has possession of the child
19-7 is currently using a controlled substance as defined by Chapter
19-8 481, Health and Safety Code, and the use constitutes an immediate
19-9 danger to the physical health or safety of the child.
19-10 SECTION 19. Section 262.201, Family Code, is amended by
19-11 adding Subsection (e) to read as follows:
19-12 (e) When citation has been made by publication for a parent
19-13 because the location of the parent is unknown, the court may render
19-14 a temporary order without delay at any time after the date of the
19-15 publication of citation.
19-16 SECTION 20. Section 262.203, Family Code, is amended to read
19-17 as follows:
19-18 Sec. 262.203. TRANSFER OF SUIT. (a) On the motion of a
19-19 party or the court's own motion, if applicable, the court that
19-20 rendered the temporary order shall transfer the suit in accordance
19-21 with procedures provided by Chapter 155:
19-22 (1) to the court of continuing, exclusive
19-23 jurisdiction, if any; or
19-24 (2) if there is no court of continuing jurisdiction,
19-25 to the court having venue of the suit affecting the parent-child
19-26 relationship under Chapter 103.
19-27 (b) Notwithstanding Section 155.204, a motion to transfer
20-1 under this section is timely if made at any time after the date a
20-2 suit was filed under this chapter.
20-3 SECTION 21. Section 264.004, Family Code, is amended by
20-4 adding Subsection (c) to read as follows:
20-5 (c) The department may use state and federal funds to
20-6 provide benefits or services to children and families who are
20-7 otherwise eligible for the benefits or services, including foster
20-8 care, adoption assistance, medical assistance, family reunification
20-9 services, and other child protective services and related benefits
20-10 without regard to the immigration status of the child or the
20-11 child's family.
20-12 SECTION 22. Section 264.005, Family Code, is amended by
20-13 adding Subsections (f) and (g) to read as follows:
20-14 (f) A county child protective services board member may
20-15 receive information that is confidential under Section 40.005,
20-16 Human Resources Code, or Section 261.201 when the board member is
20-17 acting in the member's official capacity.
20-18 (g) A child welfare board may conduct a closed meeting under
20-19 Section 551.101, Government Code, to discuss, consider, or act on a
20-20 matter that is confidential under Section 40.005, Human Resources
20-21 Code, or Section 261.201.
20-22 SECTION 23. Section 264.006, Family Code, is amended to read
20-23 as follows:
20-24 Sec. 264.006. COUNTY FUNDS. The commissioners court of a
20-25 county may appropriate funds from its general fund or any other
20-26 fund for the administration of its county child welfare board. The
20-27 court may provide for services to and support of children in need
21-1 of protection and care without regard to the immigration status of
21-2 the child or the child's family.
21-3 SECTION 24. Subchapter A, Chapter 264, Family Code, is
21-4 amended by adding Sections 264.011 and 264.012 to read as follows:
21-5 Sec. 264.011. LOCAL ACCOUNTS. (a) The department may
21-6 establish and maintain local bank or savings accounts for a child
21-7 who is under the managing conservatorship of the department as
21-8 necessary to administer funds received in trust for or on behalf of
21-9 the child.
21-10 (b) Funds maintained in an account under this section may be
21-11 used by the department to support the child, including for the
21-12 payment of foster care expenses, or may be paid to a person
21-13 providing care for the child.
21-14 Sec. 264.012. FUNERAL EXPENSES FOR CHILD IN FOSTER CARE.
21-15 The department may spend funds appropriated for the child
21-16 protective services program to pay reasonable and necessary funeral
21-17 expenses for a child for whom the department has been appointed
21-18 managing conservator and who dies in foster care.
21-19 SECTION 25. Section 264.101, Family Code, is amended to read
21-20 as follows:
21-21 Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may
21-22 pay the cost of [protective] foster care for a child:
21-23 (1) for whom the department has [initiated a suit and
21-24 has] been named managing conservator under an order rendered under
21-25 this title,[; and]
21-26 [(2)] who is a resident of the state, and who has been
21-27 placed by the department in a foster home or child care
22-1 institution, as defined by Chapter 42, Human Resources Code; or
22-2 (2) who is under the placement and care of a state
22-3 agency or political subdivision with which the department has
22-4 entered into an agreement to reimburse the cost of care and
22-5 supervision of the child [ineligible for foster care payments under
22-6 the aid to families with dependent children program of the Texas
22-7 Department of Human Services].
22-8 (b) The department may not pay the cost of protective foster
22-9 care for a child for whom the department has been named managing
22-10 conservator under an order rendered solely under Section
22-11 161.001(1)(J) [161.001].
22-12 (c) The payment [total amount] of [payments for protective]
22-13 foster care, including medical care, for a child as authorized
22-14 under this subchapter shall be made without regard to the child's
22-15 eligibility for federally funded care [must be equal to the total
22-16 amount of payments made for similar care for a child eligible for
22-17 the aid to families with dependent children program of the Texas
22-18 Department of Human Services].
22-19 (d) The Board of Protective and Regulatory Services may
22-20 adopt rules that establish criteria and guidelines for the payment
22-21 of foster care, including medical care, for a child and for
22-22 providing care for a child after the child becomes 18 years of age
22-23 if the child is regularly attending high school, an institution of
22-24 higher education, or a vocational or technical program.
22-25 (e) The department may accept and spend funds available from
22-26 any source to pay for foster care, including medical care, for a
22-27 child in the department's care.
23-1 (f) In this section, "child" means a person who:
23-2 (1) is under 22 years of age and for whom the
23-3 department has been appointed managing conservator of the child
23-4 before the date the child became 18 years of age; or
23-5 (2) is the responsibility of an agency with which the
23-6 department has entered into an agreement to provide care and
23-7 supervision of the child.
23-8 SECTION 26. Subchapter B, Chapter 264, Family Code, is
23-9 amended by adding Section 264.1015 to read as follows:
23-10 Sec. 264.1015. LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.
23-11 (a) The cost of foster care provided for a child, including
23-12 medical care, is an obligation of the estate of the child and the
23-13 estate is liable to the department for the cost of the care.
23-14 (b) The department may take action to recover from the
23-15 estate of the child the cost of foster care for the child.
23-16 SECTION 27. Section 264.104, Family Code, is amended by
23-17 amending Subsection (b) and adding Subsection (c) to read as
23-18 follows:
23-19 (b) The cost of foster care for a child, including medical
23-20 care, is a legal obligation of the child's parents, and the estate
23-21 of a parent of the child is liable to the department for payment of
23-22 the costs.
23-23 (c) The funds collected by the state under this section
23-24 shall be used by the department for child welfare services.
23-25 SECTION 28. Section 264.105, Family Code, is amended to read
23-26 as follows:
23-27 Sec. 264.105. MEDICAL SERVICES PAYMENTS [LIMITATION]. The
24-1 department shall attempt to maximize the use of federal funding to
24-2 [may not] provide [the] medical care payments authorized by Section
24-3 264.101(c) [if:]
24-4 [(1) a federal law or regulation prohibits those
24-5 medical payments unless medical payments are also provided for
24-6 medically needy children who are not eligible for the aid to
24-7 families with dependent children program of the Texas Department of
24-8 Human Services and] for children for whom the department has been
24-9 [is not] named managing conservator[; or]
24-10 [(2) the federal government does not fund at least 50
24-11 percent of the cost of the medical payments authorized by this
24-12 subchapter].
24-13 SECTION 29. Section 264.302(c), Family Code, is amended to
24-14 read as follows:
24-15 (c) The department may not provide services under this
24-16 section to a child who has:
24-17 (1) at any time been referred to juvenile court for
24-18 engaging in conduct that violates a penal law of this state of the
24-19 grade of felony other than a state jail felony; or
24-20 (2) been found to have engaged in delinquent conduct
24-21 under Title 3.
24-22 SECTION 30. Section 264.406, Family Code, is amended by
24-23 adding Subsection (f) to read as follows:
24-24 (f) When acting in the member's official capacity, a
24-25 multidisciplinary team member is authorized to receive information
24-26 made confidential by Section 40.005, Human Resources Code, or
24-27 Section 261.201 or 264.408.
25-1 SECTION 31. Subchapter E, Chapter 264, Family Code, is
25-2 amended by adding Sections 264.408-264.411 to read as follows:
25-3 Sec. 264.408. USE OF INFORMATION AND RECORDS;
25-4 CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records,
25-5 communications, and working papers used or developed in providing
25-6 services under this chapter are confidential and not subject to
25-7 public release under Chapter 552, Government Code, and may only be
25-8 disclosed for purposes consistent with this chapter. Disclosure
25-9 may be to:
25-10 (1) the department, department employees, law
25-11 enforcement agencies, prosecuting attorneys, medical professionals,
25-12 and other state agencies that provide services to children and
25-13 families; and
25-14 (2) the attorney for the child who is the subject of
25-15 the records and a court-appointed volunteer advocate appointed for
25-16 the child under Section 107.031.
25-17 (b) Information related to the investigation of a report of
25-18 abuse or neglect under Chapter 261 and services provided as a
25-19 result of the investigation is confidential as provided by Section
25-20 261.201.
25-21 (c) The department, a law enforcement agency, and a
25-22 prosecuting attorney may share with a center information that is
25-23 confidential under Section 261.201 as needed to provide services
25-24 under this chapter. Confidential information shared with or
25-25 provided to a center remains the property of the agency that shared
25-26 or provided the information to the center.
25-27 (d) A videotaped interview of a child made at a center is
26-1 the property of the prosecuting attorney involved in the criminal
26-2 prosecution of the case involving the child. If no criminal
26-3 prosecution occurs, the videotaped interview is the property of the
26-4 attorney involved in representing the department in a civil action
26-5 alleging child abuse or neglect. If the matter involving the child
26-6 is not prosecuted, the videotape is the property of the department
26-7 if the matter is an investigation by the department of abuse or
26-8 neglect. If the department is not investigating or has not
26-9 investigated the matter, the videotape is the property of the
26-10 agency that referred the matter to the center. If the center
26-11 employs a custodian of records for videotaped interviews of
26-12 children, the center is responsible for the custody of the
26-13 videotape. A videotaped interview may be shared with other
26-14 agencies under a written agreement.
26-15 (e) The department shall be allowed access to a center's
26-16 videotaped interviews of children.
26-17 Sec. 264.409. ADMINISTRATIVE CONTRACTS. The department may
26-18 contract with a statewide organization of individuals or groups of
26-19 individuals who have expertise in the establishment and operation
26-20 of children's advocacy center programs. The statewide organization
26-21 shall provide training, technical assistance, and evaluation
26-22 services for local children's advocacy center programs.
26-23 Sec. 264.410. CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS.
26-24 (a) The statewide organization with which the department contracts
26-25 under Section 264.409 shall contract for services with eligible
26-26 centers to enhance the existing services of the programs.
26-27 (b) The contract under this section may not result in
27-1 reducing the financial support a local center receives from another
27-2 source.
27-3 Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
27-4 entity or nonprofit entity is eligible for a contract under Section
27-5 264.410 if the entity:
27-6 (1) has a signed memorandum of understanding as
27-7 provided by Section 264.403;
27-8 (2) operates under the authority of a governing board
27-9 as provided by Section 264.404;
27-10 (3) has a multidisciplinary team of persons involved
27-11 in the investigation or prosecution of child abuse cases or the
27-12 delivery of services as provided by Section 264.406;
27-13 (4) holds regularly scheduled case reviews as provided
27-14 by Section 264.405;
27-15 (5) operates in a neutral and physically separate
27-16 space from the day-to-day operations of any public agency partner;
27-17 (6) has developed a method of statistical information
27-18 gathering on children receiving services through the center and
27-19 shares such statistical information with the statewide organization
27-20 and the department when requested;
27-21 (7) has an in-house volunteer program;
27-22 (8) employs an executive director who is answerable to
27-23 the board of directors of the entity and who is not the exclusive
27-24 salaried employee of any public agency partner; and
27-25 (9) operates under a working protocol that includes a
27-26 statement of:
27-27 (A) the center's mission;
28-1 (B) each agency's role and commitment to the
28-2 center;
28-3 (C) the type of cases to be handled by the
28-4 center; and
28-5 (D) procedure for case reviews.
28-6 (b) The statewide organization may waive the requirements
28-7 specified in Subsection (a) if it determines that the waiver will
28-8 not adversely affect the center's ability to carry out its duties
28-9 under Section 264.405. Any waiver that is granted must be
28-10 identified in the written contract with the center. If a request
28-11 for a waiver is denied, an appeal of the decision may be made to
28-12 the department's executive director, who may reverse the decision.
28-13 If the executive director approves a request for a waiver on
28-14 appeal, the statewide organization shall contract with the center
28-15 and shall include the waiver in the contract.
28-16 SECTION 32. Section 25.002(f), Education Code, is amended to
28-17 read as follows:
28-18 (f) Except as otherwise provided by this subsection, for a
28-19 child to be enrolled in a public school, the child must be enrolled
28-20 by the child's parent or by the child's guardian or other person
28-21 with legal control of the child under a court order. [If a person
28-22 with legal authority to enroll the child in school cannot be
28-23 identified and located, the school district that receives the
28-24 child's application for enrollment shall notify the Department of
28-25 Protective and Regulatory Services and shall admit the child as
28-26 provided by Section 25.001. The district shall direct any
28-27 communication that is required with a parent to the Department of
29-1 Protective and Regulatory Services unless that department specifies
29-2 otherwise. In this subsection, "child" has the meaning assigned by
29-3 Section 101.003, Family Code.]
29-4 SECTION 33. This Act takes effect September 1, 1997, and
29-5 applies to a suit affecting the parent-child relationship filed on
29-6 or after that date. A suit filed before the effective date of this
29-7 Act is governed by the law in effect on the date the suit was
29-8 filed, and the former law is continued in effect for that purpose.
29-9 SECTION 34. The importance of this legislation and the
29-10 crowded condition of the calendars in both houses create an
29-11 emergency and an imperative public necessity that the
29-12 constitutional rule requiring bills to be read on three several
29-13 days in each house be suspended, and this rule is hereby suspended.