SRC-JEC S.B. 53 77(R)BILL ANALYSIS


Senate Research CenterS.B. 53
By: Zaffirini
Health & Human Services
6/25/2001
Enrolled


DIGEST AND PURPOSE 

Currently, the Department of Protective and Regulatory Services (DPRS) is
authorized to obtain criminal background histories from the Department of
Public Safety (DPS) regarding certain people. S.B. 53 expands the list of
people about whom criminal background information can be obtained, to
include any applicant or employee and any volunteer or applicant volunteer
with the agency, persons seeking employment through a contract with the
estate of a ward, a friend or relative seeking unsupervised visitation with
a ward,  any person living in an adoptive or foster home where a child
being protected by the state will live, any person living in the home of an
alleged victim, and other persons. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.114(a), (1)-(4) and (7), Government Code, as
follows: 

(1) Defines "child," "child-care facility," "child-placing agency," "family
home," "elderly person," "maternity home," "person with a disability," and
"ward." 

(2) Requires DPRS to obtain from DPS criminal history record information
maintained by DPS that relates to a person who meets certain criteria,
including: 

(A) an applicant for a license, registration, certification, or listing
under Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies
That Provide Child-care Services), Human Resources Code, or Chapter 249
(Maternity Homes), Health and Safety Code; 

(B)  an operator of a child-care facility, child-placing agency, family
home, or maternity home licensed, registered certified, or listed under
Chapter 42, Human Resources Code, or Chapter 249, Health and Safety Code. 
  
(C) a person 14 years of age or older who will be regularly or frequently
working or staying in a child-care facility, family home, or maternity home
while children are being provided care, other than a child in the care of
the home or facility; 

(D) an applicant selected for a position with DPRS, the duties of which
include direct delivery of protective services to children, elderly
persons, or persons with a disability; 

(F) a registered volunteer with DPRS;

(G) a person providing or applying to provide in-home, adoptive, or foster
care for children in the care of DPRS and other persons, rather than adults
living with that  person, living in the residence in which the child will
reside; 

(I) a person who is the subject of a report DPRS, rather than the
department, receives, alleging that the person has abused, neglected, or
exploited a child, an elderly person, or a person with a disability,
provided that the report alleges the person has engaged in certain abusive
conduct, and that the person who is the subject of the report is not also
the victim of the alleged conduct. 

Deletes language relating to a resident of a registered family home, a
parent of the child in the care of a home, an applicant volunteer, a
relative providing in-home care for a child, and a report being proven to
have merit.  Deletes text regarding an operator of a child-care facility or
child-placing agency who is seeking to register with DPRS. 

(3) Entitles DPRS to obtain from DPS criminal history record information
maintained by DPS that relates to a person who meets certain criteria,
including: 

(G) a child who is related to the caretaker, as determined under Section
42.002 (Definitions), Human Resources Code, and resides in or is present in
a child-care facility, family home, or maternity home, other than a child
described by Subdivision (2)(C), or any other person who has unsupervised
access to a child in the care of a child-care facility, family home, or
maternity home; 

(H) an applicant for a position with DPRS, other than a position described
by Subdivision (2)(D), regardless of the duties of the position; 

(I) a volunteer or applicant volunteer with DPRS, other than a registered
volunteer, regardless of the duties to be performed; 

(J) a person providing or applying to provide in-home, adoptive, or foster
care for children to the extent necessary to comply with Chapter 162B
(Interstate Compact on the Placement of Children), Family Code; 

(K) a DPRS employee, other than an employee described by subdivision
(2)(H), regardless of the duties of the employee's position; 

(L) a relative of a child in the care of DPRS, to the extent necessary to
comply with Section 162.007 (Contents of Health, Social, Educational, and
Genetic History Report), Family Code; 

(M) a person, other than the subject of a report described in Subdivision
(2)(I), living in the residence in which the alleged victim of the report
resides; 

(N) a contractor or an employee of a contractor who delivers services to a
ward of DPRS under a contract with the estate of the ward; or 

(O)  a person who seeks unsupervised visits with a ward of DPRS, including
a relative of the ward. 

(4) Entitles DPRS, subject to Section 411.087, to obtain through the
Federal Bureau of Investigation criminal history record information
maintained or indexed by that bureau that pertains to a person described by
Subdivision (2) and obtain from any other criminal justice agency in this
state criminal history record information maintained by that agency that
relates to a person described by Subdivision (2) or (3).  Requires law
enforcement entities to expedite the furnishing of such information to DPRS
workers to ensure prompt criminal background checks for the safety of
alleged victims and DPRS workers.  Makes conforming changes. 
 
(7) Provides that DPRS is not prohibited from releasing criminal history
record information obtained under this subsection to certain persons,
including:  

(B) a child-placing agency, family home, or maternity home listed in
Subdivision (2) that employs or is considering employing the person who is
the subject of the criminal history record information;  

(C) a person or business entity described by Subdivision (2)(E) or (3),
rather than Subsection (a)(2)(E), who uses or intends to use the services
of the volunteer or employs or is considering employing the person who is
the subject of the criminal history record information; or 

(D) an adult residing with a child, elderly person, or person with a
disability and the person who is the subject of the criminal history record
information, if a certain determination is made.  Makes conforming changes. 

SECTION 2. Makes a conforming change.

SECTION 3. Effective date: September 1, 2001.