77R16571 DAK-D By West S.B. No. 478 Substitute the following for S.B. No. 478: By Goodman C.S.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 amended 1-8 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 neglected 1-11 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, prior to being 1-16 taken into possession, in behavior that violates a penal law of 1-17 this state. 1-18 (b) The Department of Protective and Regulatory Services may 1-19 not request a law enforcement agency to take possession of a child 1-20 to whom this section applies until after the initial hearing 1-21 required under Section 262.106 has been held in an expedited manner 1-22 as required under Section 262.112. 1-23 SECTION 2. Section 262.109, Family Code, is amended by adding 1-24 Subsections (e) and (f) to read as follows: 2-1 (e) If the child taken into possession is a child to whom 2-2 Section 262.1045 applies, the notice must also include: 2-3 (1) notice that the child is suspected of conduct that 2-4 violates a penal law; 2-5 (2) if a law enforcement agency has requested or 2-6 planned to take possession of the child, the name of the law 2-7 enforcement agency and contact information known to the Department 2-8 of Protective and Regulatory Services; 2-9 (3) if a law enforcement agency or officer intends to 2-10 interrogate the child, a statement that the child may be brought 2-11 before a magistrate to be advised of the rights provided by Section 2-12 51.095, including the right to remain silent and the right to have 2-13 an attorney present; 2-14 (4) if known to the Department of Protective and 2-15 Regulatory Services, the date, time, and location of the magistrate 2-16 hearing; and 2-17 (5) a statement that the parent, conservator, 2-18 guardian, or other custodian has the right to hire an attorney for 2-19 the child. 2-20 (f) Notice for a child to whom Section 262.1045 applies may 2-21 be waived by the court at the initial hearing: 2-22 (1) as provided under Subsection (d)(1); or 2-23 (2) on a showing that the Department of Protective and 2-24 Regulatory Services reasonably suspects that a parent, conservator, 2-25 or other custodian of the child has engaged in behavior that 2-26 violates a penal law of this state. 2-27 SECTION 3. Subsection (a), Section 262.112, Family Code, is 3-1 amended to read as follows: 3-2 (a) The Department of Protective and Regulatory Services: 3-3 (1) is entitled to an expedited hearing under this 3-4 chapter in any proceeding in which a hearing is required if the 3-5 department determines that a child should be removed from the 3-6 child's home because of an immediate danger to the physical health 3-7 or safety of the child; and 3-8 (2) shall request and must be granted an expedited 3-9 hearing for a child to whom Section 262.1045 applies. 3-10 SECTION 4. (a) This Act takes effect immediately if it 3-11 receives a vote of two-thirds of all the members elected to each 3-12 house, as provided by Section 39, Article III, Texas Constitution. 3-13 If this Act does not receive the vote necessary for immediate 3-14 effect, this Act takes effect September 1, 2001. 3-15 (b) This Act applies only to a child taken into possession 3-16 in an emergency without a court order by the Department of 3-17 Protective and Regulatory Services on or after the effective date 3-18 of this Act.