By Dukes H.B. No. 2074
76R6998 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation of child abuse or neglect by law
1-3 enforcement agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 261, Family Code, is
1-6 amended by adding Section 261.317 to read as follows:
1-7 Sec. 261.317. INVESTIGATION BY LAW ENFORCEMENT AGENCY. (a)
1-8 If the department or designated agency takes possession of a child
1-9 under Chapter 262 after conducting an investigation of a report of
1-10 suspected child abuse or neglect, the department or designated
1-11 agency shall report the removal of the child to the appropriate
1-12 local law enforcement agency.
1-13 (b) A local law enforcement agency that receives a report
1-14 under Subsection (a) shall conduct an investigation regarding the
1-15 suspected child abuse or neglect unless the law enforcement agency
1-16 assisted in the investigation, as provided by Section 261.301, that
1-17 was the basis for the removal of the child under Chapter 262. The
1-18 investigation must include:
1-19 (1) a visit to the child's home, unless the alleged
1-20 abuse or neglect can be confirmed or clearly ruled out without a
1-21 home visit;
1-22 (2) an interview with the person from the department
1-23 or designated agency who conducted the investigation of a report of
1-24 child abuse or neglect that resulted in the removal of the child;
2-1 and
2-2 (3) an interview with any other person who may have
2-3 information relevant to the investigation, including a parent,
2-4 neighbor, teacher, or child-care provider of the child.
2-5 SECTION 2. This Act takes effect September 1, 1999, and
2-6 applies only to the removal of a child under Chapter 262, Family
2-7 Code, that occurs on or after that date. The removal of a child
2-8 before the effective date of this Act is governed by the law in
2-9 effect on the date of removal, and the former law is continued in
2-10 effect for that purpose.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.