HBA-SEB H.B. 228 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 228 By: West, George Juvenile Justice & Family Issues 3/5/1999 Introduced BACKGROUND AND PURPOSE Current law provides certain government agents with methods of intervention in situations where child abuse is deemed to have occurred. These methods include issuing restraining orders against the alleged perpetrator, temporarily removing the child from the allegedly abusive situation, and taking possession of the child. Nevertheless, statistics show that child abuse continues to be a problem in Texas, in some instances even after the Texas Department of Protective and Regulatory Services (department) has become involved. H.B. 228 prohibits a court from returning a child to the child's guardian's home if a person living in that residence is found to have abused the child. Similarly, H.B. 228 requires the department to remove a child from the home if the abuser moves back into that residence, and after removing the child for this reason two times, authorizes the department to obtain a court order permanently restricting the abuser from having contact with the child. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 262, Family Code, by adding Section 262.2012, as follows: Sec. 262.2012. CHILD LIVING IN SAME RESIDENCE AS ABUSER. (a) Prohibits a court from ordering a child to return to the residence of the child's parent, managing conservator, possessory conservator, guardian, caretaker, or custodian (guardian) if a person living in that residence has been found by the court to have abused the child. (b) Requires the Department of Protective and Regulatory Services (department) to remove a child from a residence if the person found to have abused the child moves into the child's residence. (c) Authorizes the department, after removing a child at least two times under Subsection (b), to return the child to the residence of the child's guardian only after the court has issued an order that permanently prohibits the person found to have abused the child from having any contact with the child. SECTION 2. Effective date: September 1, 1999. Provides that this Act applies only to reports of child abuse made on or after June 1, 1999. Makes the application of this Act prospective. SECTION 3. Emergency clause.