By Talton                                       H.B. No. 1951

      75R7098 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to reports and investigations of the abuse or neglect of a

 1-3     child.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 261.103, Family Code, is amended to read

 1-6     as follows:

 1-7           Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  (a)  A

 1-8     report shall be made to[:]

 1-9                 [(1)]  any local or state law enforcement agency in the

1-10     county in which the child resides, is located, or was located at

1-11     the time of the abuse or neglect.[;]

1-12           (b)  In addition, a report under this section may be made to:

1-13                 (1) [(2)]  the department if the alleged or suspected

1-14     abuse involves a person responsible for the care, custody, or

1-15     welfare of the child;

1-16                 (2) [(3)]  the state agency that operates, licenses,

1-17     certifies, or registers the facility in which the alleged abuse or

1-18     neglect occurred; or

1-19                 (3) [(4)]  the agency designated by the court to be

1-20     responsible for the protection of children.

1-21           (c)  A nonaccusatory report reflecting the reporter's belief

1-22     that a child has violated the compulsory school attendance laws on

1-23     three or more occasions, or has, on three or more occasions, been

1-24     voluntarily absent from the child's home without the consent of the

 2-1     child's parent or guardian for a substantial length of time or

 2-2     without the intent to return shall be made to:

 2-3                 (1)  any local or state law enforcement agency other

 2-4     than a district attorney;

 2-5                 (2)  the Department of Protective and Regulatory

 2-6     Services;

 2-7                 (3)  the state agency that operates, licenses,

 2-8     certifies, or registers a facility in which the alleged conduct

 2-9     occurred; or

2-10                 (4)  the agency designated by the court to be

2-11     responsible for the protection of children.

2-12           SECTION 2.  Section 261.105(b), Family Code, is amended to

2-13     read as follows:

2-14           (b)  The department or designated agency shall immediately

2-15     notify and make a complete report of all information received by

2-16     the agency, and send the information to the appropriate state or

2-17     local law  enforcement agency [of any report it receives], other

2-18     than a report from a law enforcement agency, that concerns the

2-19     suspected abuse or neglect of a child or death of a child from

2-20     abuse or neglect.

2-21           SECTION 3.  Section 261.201, Family Code, is amended by

2-22     adding Subsection (g) to read as follows:

2-23           (g)  The Department of Protective and Regulatory Services or

2-24     any other agency of the state may not adopt a rule that prohibits

2-25     or inhibits complete access to the reports, records, or working

2-26     papers used or developed in an investigation under this chapter by

2-27     a local or state law enforcement agency or the district attorney in

 3-1     the county in which the child who is the subject of the

 3-2     investigation resides, is located, or was located at the time of

 3-3     the abuse or neglect.

 3-4           SECTION 4.  Section 261.301(a), Family Code, is amended to

 3-5     read as follows:

 3-6           (a)  The department or designated agency, after notifying

 3-7     and making the complete report required by Section 261.105(b) to an

 3-8     appropriate local or state law enforcement agency, shall make a

 3-9     prompt and thorough investigation of a report of child abuse or

3-10     neglect allegedly committed by a person responsible for a child's

3-11     care, custody, or welfare.

3-12           SECTION 5.  Section 261.306, Family Code, is amended to read

3-13     as follows:

3-14           Sec. 261.306.  REMOVAL OF CHILD FROM STATE.  (a) If the

3-15     department, [or] designated agency, or district attorney in the

3-16     county in which the child resides, is located, or was located at

3-17     the time of the abuse or neglect, has reason to believe that a

3-18     person responsible for the care, custody, or welfare of the child

3-19     may remove the child from the state before an [the] investigation

3-20     is completed, the department, [or] designated agency, or district

3-21     attorney may file an application for a temporary restraining order

3-22     in a district court without regard to continuing jurisdiction of

3-23     the child as provided in Chapter 155.

3-24           (b)  The court may render a temporary restraining order

3-25     prohibiting the person from removing the child from the state

3-26     pending completion of the investigation if the court:

3-27                 (1)  finds that the department, [or] designated agency,

 4-1     or district attorney has probable cause to conduct the

 4-2     investigation;  and

 4-3                 (2)  has reason to believe that the person may remove

 4-4     the child from the state.

 4-5           SECTION 6.  Section 261.308(b), Family Code, is amended to

 4-6     read as follows:

 4-7           (b)  The [If sufficient grounds for filing a suit exist, the]

 4-8     department or designated agency shall submit a complete written

 4-9     report of  the investigation, [the report,] together with

4-10     recommendations, to [the court,] the district attorney in the

4-11     county in which the child resides, is located, or was located at

4-12     the time of the abuse or neglect without regard to whether the

4-13     agency or department believes sufficient grounds exist for the

4-14     institution of a suit or criminal charges[, and the appropriate law

4-15     enforcement agency].

4-16           SECTION 7.  This Act takes effect September 1, 1997, and

4-17     applies only to an investigation of child abuse or neglect relating

4-18     to a report made on or after that date.

4-19           SECTION 8.  The importance of this legislation and the

4-20     crowded condition of the calendars in both houses create an

4-21     emergency and an imperative public necessity that the

4-22     constitutional rule requiring bills to be read on three several

4-23     days in each house be suspended, and this rule is hereby suspended.