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.