1-1 By: Goodman, Naishtat (Senate Sponsor - Harris) H.B. No. 3838
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the protection of certain children.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 155.204, Family Code, is amended by
1-11 amending Subsection (a) and adding Subsection (f) to read as
1-12 follows:
1-13 (a) Except as provided by Section 262.203, a [A] motion to
1-14 transfer by a petitioner or movant is timely if it is made at the
1-15 time the initial pleadings are filed. A motion to transfer by
1-16 another party is timely if it is made on or before the first Monday
1-17 after the 20th day after the date of service of citation or notice
1-18 of the suit or before the commencement of the hearing, whichever is
1-19 sooner. If a timely motion to transfer has been filed and no
1-20 controverting affidavit is filed within the period allowed for its
1-21 filing, the proceeding shall be transferred promptly without a
1-22 hearing to the proper court.
1-23 (f) If a transfer order has been rendered by a court
1-24 exercising jurisdiction under Chapter 262, a party may file the
1-25 transfer order with the clerk of the court of continuing, exclusive
1-26 jurisdiction. On receipt and without a hearing, the clerk of the
1-27 court of continuing, exclusive jurisdiction shall transfer the
1-28 files as provided by this subchapter.
1-29 SECTION 2. Section 261.101(d), Family Code, is amended to
1-30 read as follows:
1-31 (d) Unless waived in writing by the person making the
1-32 report, the [The] identity of an individual making a report under
1-33 this chapter is confidential and may be disclosed only:
1-34 (1) as provided by [on the order of a court rendered
1-35 under] Section 261.201; or
1-36 (2) to a law enforcement officer for the purposes of
1-37 conducting a criminal investigation of the report.
1-38 SECTION 3. Section 261.201, Family Code, is amended by
1-39 amending Subsections (b) and (c) and adding Subsection (h) to read
1-40 as follows:
1-41 (b) A court may order the disclosure of information that is
1-42 confidential under this section if:
1-43 (1) a motion has been filed with the court requesting
1-44 the release of the information;
1-45 (2) a notice of hearing has been served on the
1-46 investigating agency and all other interested parties; and
1-47 (3) after hearing and an in camera review of the
1-48 requested information, the court determines that the disclosure of
1-49 the requested information is:
1-50 (A) essential to the administration of justice;
1-51 and
1-52 (B) not likely to endanger the life or safety
1-53 of:
1-54 (i) a child who is the subject of the
1-55 report of alleged or suspected abuse or neglect;
1-56 (ii) a person who makes a report of
1-57 alleged or suspected abuse or neglect; or
1-58 (iii) any other person who participates in
1-59 an investigation of reported abuse or neglect or who provides care
1-60 for the child.
1-61 (c) In addition to Subsection (b), a court, on its own
1-62 motion, may order disclosure of information that is confidential
1-63 under this section if:
1-64 (1) the order is rendered at a hearing for which all
2-1 parties have been given notice;
2-2 (2) the court finds that disclosure of the information
2-3 is:
2-4 (A) essential to the administration of justice;
2-5 and
2-6 (B) not likely to endanger the life or safety
2-7 of:
2-8 (i) a child who is the subject of the
2-9 report of alleged or suspected abuse or neglect;
2-10 (ii) a person who makes a report of
2-11 alleged or suspected abuse or neglect; or
2-12 (iii) any other person who participates in
2-13 an investigation of reported abuse or neglect or who provides care
2-14 for the child; and
2-15 (3) the order is reduced to writing or made on the
2-16 record in open court.
2-17 (h) This section does not apply to an investigation of child
2-18 abuse or neglect in a home or facility regulated under Chapter 42,
2-19 Human Resources Code.
2-20 SECTION 4. Section 261.301(b), Family Code, is amended to
2-21 read as follows:
2-22 (b) A state agency shall investigate a report that alleges
2-23 abuse or neglect occurred in a facility operated, licensed,
2-24 certified, or registered by that agency as provided by Subchapter
2-25 E. In conducting an investigation for a facility operated,
2-26 licensed, certified, registered, or listed by the department, the
2-27 department shall perform the investigation as provided by:
2-28 (1) Subchapter E; and
2-29 (2) the Human Resources Code.
2-30 SECTION 5. Section 261.303, Family Code, is amended by
2-31 amending Subsection (c) and adding Subsection (d) to read as
2-32 follows:
2-33 (c) If a parent or person responsible for the child's care
2-34 does not consent to release of the child's prior medical,
2-35 psychological, or psychiatric records or to a medical,
2-36 psychological, or psychiatric examination of the child that is
2-37 requested by the department or designated agency, the court having
2-38 family law jurisdiction shall, for good cause shown, order the
2-39 records to be released or the examination to be made at the times
2-40 and places designated by the court.
2-41 (d) A person, including a medical facility, that makes a
2-42 report under Subchapter B shall release to the department or
2-43 designated agency, as part of the required report under Section
2-44 261.103, records that directly relate to the suspected abuse or
2-45 neglect without requiring parental consent or a court order.
2-46 SECTION 6. Sections 261.305(a)-(c), Family Code, are amended
2-47 to read as follows:
2-48 (a) An investigation may include an inquiry into the
2-49 possibility that [the child,] a parent[,] or a person responsible
2-50 for the care of a [the] child who is the subject of a report under
2-51 Subchapter B has a history of medical or mental illness.
2-52 (b) If the parent or person [responsible for the care of the
2-53 child] does not consent to an examination or allow the department
2-54 or designated agency to have access to medical or mental health
2-55 records requested by the department or agency, the court having
2-56 family law jurisdiction, for good cause shown, shall order the
2-57 examination to be made or that the department or agency be
2-58 permitted to have access to the records under terms and conditions
2-59 prescribed by the court.
2-60 (c) If the court determines that the parent or person
2-61 [responsible for the care of the child] is indigent, the court
2-62 shall appoint an attorney to represent the parent or person
2-63 [responsible for the child] at the hearing [to obtain medical or
2-64 mental health records]. The fees for the appointed attorney shall
2-65 be paid as provided by Chapter 107 [the department or designated
2-66 agency].
2-67 SECTION 7. Section 261.405, Family Code, as amended by
2-68 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
2-69 Session, 1997, is reenacted to read as follows:
3-1 Sec. 261.405. INVESTIGATIONS IN PRE-ADJUDICATION AND
3-2 POST-ADJUDICATION SECURE JUVENILE FACILITIES. A report of alleged
3-3 abuse or neglect in a public or private juvenile pre-adjudication
3-4 secure detention facility, including hold-over facilities, or
3-5 public or private juvenile post-adjudication secure correctional
3-6 facility, except for a facility operated solely for children
3-7 committed to the Texas Youth Commission, shall be made to a local
3-8 law enforcement agency for investigation. The local law
3-9 enforcement agency shall immediately notify the Texas Juvenile
3-10 Probation Commission of any report the agency receives.
3-11 SECTION 8. Section 261.406(b), Family Code, is amended to
3-12 read as follows:
3-13 (b) The department shall send a written report of the
3-14 department's investigation, as appropriate, to the Texas Education
3-15 Agency, the agency responsible for teacher certification, the local
3-16 school board or the school's [local] governing body, and the school
3-17 principal or director, unless the principal or director is alleged
3-18 to have committed the abuse or neglect, for appropriate action. On
3-19 request, the department shall provide a copy of the report of
3-20 investigation to the parent, managing conservator, or legal
3-21 guardian of a child who is the subject of the investigation and to
3-22 the person alleged to have committed the abuse or neglect. The
3-23 report of investigation shall be edited to protect the identity of
3-24 the persons who made the report of abuse or neglect [or provided
3-25 information for the report of abuse or neglect]. Section
3-26 261.201(b) applies to the release of confidential information
3-27 relating to the investigation of a report of abuse or neglect under
3-28 this section and to the identity of the person who made the report
3-29 of abuse or neglect.
3-30 SECTION 9. The heading of Chapter 262, Family Code, is
3-31 amended to read as follows:
3-32 CHAPTER 262. [EMERGENCY] PROCEDURES IN SUIT BY GOVERNMENTAL
3-33 ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD
3-34 SECTION 10. Section 262.001, Family Code, is amended to read
3-35 as follows:
3-36 Sec. 262.001. AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY.
3-37 (a) A governmental entity with an interest in the child may file a
3-38 suit affecting the parent-child relationship requesting an
3-39 [emergency] order or take possession of a child without a court
3-40 order as provided by this chapter.
3-41 (b) In determining the reasonable efforts that are required
3-42 to be made with respect to preventing or eliminating the need to
3-43 remove a child from the child's home or to make it possible to
3-44 return a child to the child's home, the child's health and safety
3-45 is the paramount concern.
3-46 SECTION 11. Section 262.002, Family Code, is amended to read
3-47 as follows:
3-48 Sec. 262.002. JURISDICTION [FOR EMERGENCY PROCEDURES]. A
3-49 suit brought by a governmental entity requesting an [emergency]
3-50 order under this chapter may be filed in a court with jurisdiction
3-51 to hear the suit in the county in which the child is found.
3-52 SECTION 12. Section 262.007(c), Family Code, is amended to
3-53 read as follows:
3-54 (c) If a person entitled to possession of the child is not
3-55 immediately available to take possession of the child, the law
3-56 enforcement officer shall deliver the child to the Department of
3-57 Protective and Regulatory Services. Until a person entitled to
3-58 possession of the child takes possession of the child, the
3-59 department may, without a court order, retain possession of the
3-60 child not longer than five [14] days after the date the child is
3-61 delivered to the department. While the department retains
3-62 possession of a child under this subsection, the department may
3-63 place the child in foster home care. If a parent or other person
3-64 entitled to possession of the child does not take possession of the
3-65 child before the sixth [15th] day after the date the child is
3-66 delivered to the department, the department shall proceed under
3-67 this chapter as if the law enforcement officer took possession of
3-68 the child under Section 262.104.
3-69 SECTION 13. The heading for Subchapter B, Chapter 262,
4-1 Family Code, is amended to read as follows:
4-2 SUBCHAPTER B. TAKING POSSESSION OF CHILD [IN EMERGENCY]
4-3 SECTION 14. Section 262.101, Family Code, is amended to read
4-4 as follows:
4-5 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
4-6 CHILD. An original suit [A petition or affidavit] filed by a
4-7 governmental entity that requests [requesting] permission to take
4-8 possession of a child without prior notice and a hearing must [in
4-9 an emergency shall] be supported by an affidavit sworn to by a
4-10 person with personal knowledge and stating [shall state] facts
4-11 sufficient to satisfy a person of ordinary prudence and caution
4-12 that:
4-13 (1) there is an immediate danger to the physical
4-14 health or safety of the child or the child has been a victim of
4-15 neglect or sexual abuse and that continuation in the home would be
4-16 contrary to the child's welfare; and
4-17 (2) there is no time, consistent with the physical
4-18 health or safety of the child, for an adversary hearing or to make
4-19 reasonable efforts to prevent or eliminate the need for the removal
4-20 of the child.
4-21 SECTION 15. Section 262.102(a), Family Code, is amended to
4-22 read as follows:
4-23 (a) Before a court may, without prior notice and a hearing,
4-24 issue a temporary restraining order or attachment of a child in a
4-25 suit [requesting an emergency order] brought by a governmental
4-26 entity, the court must find that:
4-27 (1) there is an immediate danger to the physical
4-28 health or safety of the child or the child has been a victim of
4-29 neglect or sexual abuse and that continuation in the home would be
4-30 contrary to the child's welfare; and
4-31 (2) there is no time, consistent with the physical
4-32 health or safety of the child and the nature of the emergency, to
4-33 hold an adversary hearing or to make reasonable efforts to prevent
4-34 or eliminate the need for removal of the child.
4-35 SECTION 16. Section 262.106, Family Code, is amended by
4-36 adding Subsection (d) to read as follows:
4-37 (d) For the purpose of determining under Subsection (a) the
4-38 first working day after the date the child is taken into
4-39 possession, the child is considered to have been taken into
4-40 possession by the Department of Protective and Regulatory Services
4-41 on the expiration of the five-day period permitted under Section
4-42 262.007(c) or 262.110(b), as appropriate.
4-43 SECTION 17. Section 262.109(d), Family Code, is amended to
4-44 read as follows:
4-45 (d) The written notice may be waived by the court at the
4-46 initial hearing:
4-47 (1) on a showing that the parents, conservators, or
4-48 other custodians of the child could not be located; or
4-49 (2) for other good cause.
4-50 SECTION 18. Section 262.110, Family Code, is amended to read
4-51 as follows:
4-52 Sec. 262.110. TAKING POSSESSION OF CHILD IN EMERGENCY WITH
4-53 INTENT TO RETURN HOME. (a) An authorized representative of the
4-54 Department of Protective and Regulatory Services, a law enforcement
4-55 officer, or a juvenile probation officer may take temporary
4-56 possession of a child without a court order on discovery of a child
4-57 in a situation of danger to the child's physical health or safety
4-58 when the sole purpose is to deliver the child without unnecessary
4-59 delay to the parent, managing conservator, possessory conservator,
4-60 guardian, caretaker, or custodian who is presently entitled to
4-61 possession of the child.
4-62 (b) Until a parent or other person entitled to possession of
4-63 the child takes possession of the child, the department may retain
4-64 possession of the child without a court order for not more than
4-65 five days. On the expiration of the fifth day, if a parent or
4-66 other person entitled to possession does not take possession of the
4-67 child, the department shall take action under this chapter as if
4-68 the department took possession of the child under Section 262.104.
4-69 SECTION 19. Subchapter B, Chapter 262, Family Code, is
5-1 amended by adding Section 262.113 to read as follows:
5-2 Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
5-3 CHILD. An original suit filed by a governmental entity that
5-4 requests to take possession of a child after notice and a hearing
5-5 must be supported by an affidavit sworn to by a person with
5-6 personal knowledge and stating facts sufficient to satisfy a person
5-7 of ordinary prudence and caution that:
5-8 (1) reasonable efforts have been made to prevent or
5-9 eliminate the need to remove the child from the child's home; and
5-10 (2) allowing the child to remain in the home would be
5-11 contrary to the child's welfare.
5-12 SECTION 20. Section 262.201, Family Code, is amended by
5-13 adding Subsection (g) to read as follows:
5-14 (g) For the purpose of determining under Subsection (a) the
5-15 14th day after the date the child is taken into possession, a child
5-16 is considered to have been taken into possession by the department
5-17 on the expiration of the five-day period permitted under Section
5-18 262.007(c) or 262.110(b), as appropriate.
5-19 SECTION 21. Section 262.2015, Family Code, is amended to
5-20 read as follows:
5-21 Sec. 262.2015. AGGRAVATED CIRCUMSTANCES [ACCELERATED TRIAL
5-22 ON THE MERITS]. (a) The court may waive the requirement of a
5-23 service plan and the requirement to make reasonable efforts to
5-24 return the child to a parent and may accelerate the trial schedule
5-25 to result in a final order for a child under the care of the
5-26 department at an earlier date than provided by Subchapter D,
5-27 Chapter 263, if the court finds that all reasonable efforts have
5-28 been made to return the child to a parent or that the parent has
5-29 subjected the child to aggravated circumstances.
5-30 (b) The court may find under Subsection (a) that a parent
5-31 has subjected the child to aggravated circumstances if:
5-32 (1) the parent abandoned the child without
5-33 identification or a means for identifying the child [orders at the
5-34 conclusion of the full adversary hearing that the child may not be
5-35 placed in the child's home];
5-36 (2) [finds that] the child is a victim of serious
5-37 bodily injury or sexual abuse inflicted by the parent or by another
5-38 person with the parent's consent; [and]
5-39 (3) the parent [finds that there is probable cause to
5-40 believe that a party to the suit] has engaged in conduct against
5-41 the child or against another child of the parent that would
5-42 constitute an offense under the following provisions of the Penal
5-43 Code:
5-44 (A) Section 19.02 (murder);
5-45 (B) Section 19.03 (capital murder);
5-46 (C) Section 19.04 (manslaughter);
5-47 (D) Section 21.11 (indecency with a child);
5-48 (E) [(B)] Section 22.011 (sexual assault);
5-49 (F) [(C)] Section 22.02 (aggravated assault);
5-50 (G) [(D)] Section 22.021 (aggravated sexual
5-51 assault);
5-52 (H) [(E)] Section 22.04 (injury to a child,
5-53 elderly individual, or disabled individual);
5-54 (I) [(F)] Section 22.041 (abandoning or
5-55 endangering child);
5-56 (J) [(G)] Section 25.02 (prohibited sexual
5-57 conduct);
5-58 (K) [(H)] Section 43.25 (sexual performance by a
5-59 child); or
5-60 (L) [(I)] Section 43.26 (possession or promotion
5-61 of child pornography);
5-62 (4) the parent voluntarily left the child alone or in
5-63 the possession of another person not the parent of the child for at
5-64 least six months without expressing an intent to return and without
5-65 providing adequate support for the child; or
5-66 (5) the parent's parental rights with regard to
5-67 another child have been involuntarily terminated based on a finding
5-68 that the parent's conduct violated Section 161.001(1)(D) or (E) or
5-69 a substantially equivalent provision of another state's law.
6-1 SECTION 22. Section 262.203, Family Code, is amended to read
6-2 as follows:
6-3 Sec. 262.203. TRANSFER OF SUIT. (a) On the motion of a
6-4 party or the court's own motion, if applicable, the court that
6-5 rendered the temporary order shall [transfer the suit] in
6-6 accordance with procedures provided by Chapter 155:
6-7 (1) transfer the suit to the court of continuing,
6-8 exclusive jurisdiction, if any; [or]
6-9 (2) if grounds exist for mandatory transfer from the
6-10 court of continuing, exclusive jurisdiction under Section 155.201,
6-11 order transfer of the suit from that court; or
6-12 (3) if grounds exist for transfer based on improper
6-13 venue, order transfer of the suit [if there is no court of
6-14 continuing jurisdiction,] to the court having venue of the suit
6-15 [affecting the parent-child relationship] under Chapter 103.
6-16 (b) Notwithstanding Section 155.204, a motion to transfer
6-17 relating to [under this section is timely if made at any time after
6-18 the date] a suit [was] filed under this chapter may be filed
6-19 separately from the petition and is timely if filed while the case
6-20 is pending.
6-21 (c) Notwithstanding Sections 6.407 and 103.002, a court
6-22 exercising jurisdiction under this chapter is not required to
6-23 transfer the suit to a court in which a parent has filed a suit
6-24 for dissolution of marriage before a final order for the protection
6-25 of the child has been rendered under Subchapter E, Chapter 263.
6-26 SECTION 23. Subchapter C, Chapter 262, Family Code, is
6-27 amended by adding Section 262.205 to read as follows:
6-28 Sec. 262.205. HEARING WHEN CHILD NOT IN POSSESSION OF
6-29 GOVERNMENTAL ENTITY. (a) In a suit requesting possession of a
6-30 child after notice and hearing, the court may render a temporary
6-31 restraining order as provided by Section 105.001. The suit shall
6-32 be promptly set for hearing.
6-33 (b) After the hearing, the court may grant the request to
6-34 remove the child from the parent, managing conservator, possessory
6-35 conservator, guardian, caretaker, or custodian entitled to
6-36 possession of the child if the court finds sufficient evidence to
6-37 satisfy a person of ordinary prudence and caution that:
6-38 (1) reasonable efforts have been made to prevent or
6-39 eliminate the need to remove the child from the child's home; and
6-40 (2) allowing the child to remain in the home would be
6-41 contrary to the child's welfare.
6-42 (c) If the court orders removal of the child from the
6-43 child's home, the court shall:
6-44 (1) issue an appropriate temporary order under Chapter
6-45 105; and
6-46 (2) inform each parent in open court that parental and
6-47 custodial rights and duties may be subject to restriction or
6-48 termination unless the parent is willing and able to provide a safe
6-49 environment for the child.
6-50 (d) If citation by publication is required for a parent or
6-51 alleged or probable father in an action under this chapter because
6-52 the location of the person is unknown, the court may render a
6-53 temporary order without regard to whether notice of the citation
6-54 has been published.
6-55 (e) If the court finds that the child requires protection
6-56 from family violence by a member of the child's family or
6-57 household, the court shall render a protective order for the child
6-58 under Title 4.
6-59 SECTION 24. Section 263.101, Family Code, is amended to read
6-60 as follows:
6-61 Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Not later
6-62 than the 45th day after the date the court renders a temporary
6-63 order appointing the department as temporary managing conservator
6-64 of a child [of the conclusion of a full adversary hearing] under
6-65 Chapter 262, the department or other agency appointed as the
6-66 managing conservator of a child shall file a service plan.
6-67 SECTION 25. Section 263.105(a), Family Code, is amended to
6-68 read as follows:
6-69 (a) The service plan currently in effect shall be filed with
7-1 the court [along with the next required status report].
7-2 SECTION 26. Section 263.201, Family Code, is amended to read
7-3 as follows:
7-4 Sec. 263.201. STATUS HEARING; TIME. (a) Not later than the
7-5 60th day after the date the court renders a temporary order
7-6 appointing the department as temporary managing conservator of a
7-7 child, the court shall hold a status hearing to review the child's
7-8 status and the service [permanency] plan developed for the child.
7-9 (b) A status hearing is not required if the court holds an
7-10 initial permanency hearing under Section 262.2015 before the date a
7-11 status hearing is required by this section.
7-12 SECTION 27. Section 263.202, Family Code, is amended by
7-13 adding Subsection (d) to read as follows:
7-14 (d) If a service plan with respect to a parent has not been
7-15 filed with the court, the court shall consider whether to waive the
7-16 service plan under Section 262.2015.
7-17 SECTION 28. Section 264.201, Family Code, is amended by
7-18 adding Subsection (e) to read as follows:
7-19 (e) The department may not provide and a court may not order
7-20 the department to provide supervision for visitation in a child
7-21 custody matter unless the department is a petitioner or intervener
7-22 in the underlying suit.
7-23 SECTION 29. Section 154.053, Civil Practice and Remedies
7-24 Code, is amended by adding Subsection (d) to read as follows:
7-25 (d) Each participant, including the impartial third party,
7-26 to an alternative dispute resolution procedure is subject to the
7-27 requirements of Subchapter B, Chapter 261, Family Code, and
7-28 Subchapter C, Chapter 48, Human Resources Code.
7-29 SECTION 30. Section 154.073, Civil Practice and Remedies
7-30 Code, is amended by amending Subsection (a) and adding Subsection
7-31 (e) to read as follows:
7-32 (a) Except as provided by Subsections (c), [and] (d), and
7-33 (e), a communication relating to the subject matter of any civil or
7-34 criminal dispute made by a participant in an alternative dispute
7-35 resolution procedure, whether before or after the institution of
7-36 formal judicial proceedings, is confidential, is not subject to
7-37 disclosure, and may not be used as evidence against the participant
7-38 in any judicial or administrative proceeding.
7-39 (e) This section does not affect the duty to report abuse or
7-40 neglect under Subchapter B, Chapter 261, Family Code, and abuse,
7-41 exploitation, or neglect under Subchapter C, Chapter 48, Human
7-42 Resources Code.
7-43 SECTION 31. Sections 263.003 and 263.004, Family Code, are
7-44 repealed.
7-45 SECTION 32. (a) This Act takes effect September 1, 1999.
7-46 (b) The change in law made by this Act to Chapter 262,
7-47 Family Code, applies only to a suit affecting the parent-child
7-48 relationship filed requesting an order to take possession of a
7-49 child or to a child taken into possession without a court order on
7-50 or after that date. A suit filed before the effective date of this
7-51 Act or a child taken into possession before the effective date of
7-52 this Act is governed by the law in effect on the date the suit was
7-53 filed or the child was taken into possession, as appropriate, and
7-54 the former law is continued in effect for that purpose.
7-55 SECTION 33. The importance of this legislation and the
7-56 crowded condition of the calendars in both houses create an
7-57 emergency and an imperative public necessity that the
7-58 constitutional rule requiring bills to be read on three several
7-59 days in each house be suspended, and this rule is hereby suspended.
7-60 * * * * *