By: West S.B. No. 478
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain children suspected of conduct that violates a
1-3 penal law who are taken into possession in an emergency without a
1-4 court order by the Department of Protective and Regulatory
1-5 Services.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter B, Chapter 262, Family Code, is
1-8 amended by adding Section 262.1045 to read as follows:
1-9 Sec. 262.1045. CHILD SUSPECTED OF CONDUCT THAT VIOLATES
1-10 PENAL LAW. (a) This section applies only to an abused or
1-11 neglected child:
1-12 (1) who is taken into possession in an emergency
1-13 without a court order by the Department of Protective and
1-14 Regulatory Services; and
1-15 (2) who is suspected of having engaged in behavior
1-16 that violates a penal law of this state.
1-17 (b) The Department of Protective and Regulatory Services may
1-18 not request a law enforcement agency to take possession of a child
1-19 to whom this section applies until after the initial hearing
1-20 required under Section 262.106 has been held in an expedited manner
1-21 as required under Section 262.112.
1-22 SECTION 2. Section 262.109, Family Code, is amended by
1-23 adding Subsections (e) and (f) to read as follows:
1-24 (e) If the child taken into possession is a child to whom
1-25 Section 262.1045 applies, the notice must also include:
2-1 (1) notice that the child is suspected of conduct that
2-2 violates a penal law;
2-3 (2) if a law enforcement agency has requested or
2-4 planned to take possession of the child, the name of the law
2-5 enforcement agency and contact information known to the Department
2-6 of Protective and Regulatory Services;
2-7 (3) if a law enforcement agency or officer intends to
2-8 interrogate the child, a statement that the child may be brought
2-9 before a magistrate to be advised of the rights provided by Section
2-10 51.095, including the right to remain silent and the right to have
2-11 an attorney present;
2-12 (4) if known to the Department of Protective and
2-13 Regulatory Services, the date, time, and location of the magistrate
2-14 hearing; and
2-15 (5) a statement that the parent, conservator,
2-16 guardian, or other custodian has the right to hire an attorney for
2-17 the child.
2-18 (f) Notice for a child to whom Section 262.1045 applies may
2-19 be waived by the court at the initial hearing:
2-20 (1) as provided under Subsection (d)(1); or
2-21 (2) on a showing that the Department of Protective and
2-22 Regulatory Services reasonably suspects that a parent, conservator,
2-23 or other custodian of the child has engaged in behavior that
2-24 violates a penal law of this state.
2-25 SECTION 3. Subsection (a), Section 262.112, Family Code, is
2-26 amended to read as follows:
3-1 (a) The Department of Protective and Regulatory Services:
3-2 (1) is entitled to an expedited hearing under this
3-3 chapter in any proceeding in which a hearing is required if the
3-4 department determines that a child should be removed from the
3-5 child's home because of an immediate danger to the physical health
3-6 or safety of the child; and
3-7 (2) shall request and must be granted an expedited
3-8 hearing for a child to whom Section 262.1045 applies.
3-9 SECTION 4. (a) This Act takes effect immediately if it
3-10 receives a vote of two-thirds of all the members elected to each
3-11 house, as provided by Section 39, Article III, Texas Constitution.
3-12 If this Act does not receive the vote necessary for immediate
3-13 effect, this Act takes effect September 1, 2001.
3-14 (b) This Act applies only to a child taken into possession
3-15 in an emergency without a court order by the Department of
3-16 Protective and Regulatory Services on or after the effective date
3-17 of this Act.