1-1 By: West S.B. No. 478 1-2 (In the Senate - Filed January 30, 2001; February 1, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 21, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; March 21, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 478 By: Bernsen 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to certain children suspected of conduct that violates a 1-11 penal law who are taken into possession in an emergency without a 1-12 court order by the Department of Protective and Regulatory 1-13 Services. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter B, Chapter 262, Family Code, is 1-16 amended by adding Section 262.1045 to read as follows: 1-17 Sec. 262.1045. CHILD SUSPECTED OF CONDUCT THAT VIOLATES 1-18 PENAL LAW. (a) This section applies only to an abused or 1-19 neglected child: 1-20 (1) who is taken into possession in an emergency 1-21 without a court order by the Department of Protective and 1-22 Regulatory Services; and 1-23 (2) who is suspected of having engaged in behavior 1-24 that violates a penal law of this state. 1-25 (b) The Department of Protective and Regulatory Services may 1-26 not request a law enforcement agency to take possession of a child 1-27 to whom this section applies until after the initial hearing 1-28 required under Section 262.106 has been held in an expedited manner 1-29 as required under Section 262.112. 1-30 SECTION 2. Section 262.109, Family Code, is amended by 1-31 adding Subsections (e) and (f) to read as follows: 1-32 (e) If the child taken into possession is a child to whom 1-33 Section 262.1045 applies, the notice must also include: 1-34 (1) notice that the child is suspected of conduct that 1-35 violates a penal law; 1-36 (2) if a law enforcement agency has requested or 1-37 planned to take possession of the child, the name of the law 1-38 enforcement agency and contact information known to the Department 1-39 of Protective and Regulatory Services; 1-40 (3) if a law enforcement agency or officer intends to 1-41 interrogate the child, a statement that the child may be brought 1-42 before a magistrate to be advised of the rights provided by Section 1-43 51.095, including the right to remain silent and the right to have 1-44 an attorney present; 1-45 (4) if known to the Department of Protective and 1-46 Regulatory Services, the date, time, and location of the magistrate 1-47 hearing; and 1-48 (5) a statement that the parent, conservator, 1-49 guardian, or other custodian has the right to hire an attorney for 1-50 the child. 1-51 (f) Notice for a child to whom Section 262.1045 applies may 1-52 be waived by the court at the initial hearing: 1-53 (1) as provided under Subsection (d)(1); or 1-54 (2) on a showing that the Department of Protective and 1-55 Regulatory Services reasonably suspects that a parent, conservator, 1-56 or other custodian of the child has engaged in behavior that 1-57 violates a penal law of this state. 1-58 SECTION 3. Subsection (a), Section 262.112, Family Code, is 1-59 amended to read as follows: 1-60 (a) The Department of Protective and Regulatory Services: 1-61 (1) is entitled to an expedited hearing under this 1-62 chapter in any proceeding in which a hearing is required if the 1-63 department determines that a child should be removed from the 1-64 child's home because of an immediate danger to the physical health 2-1 or safety of the child; and 2-2 (2) shall request and must be granted an expedited 2-3 hearing for a child to whom Section 262.1045 applies. 2-4 SECTION 4. (a) This Act takes effect immediately if it 2-5 receives a vote of two-thirds of all the members elected to each 2-6 house, as provided by Section 39, Article III, Texas Constitution. 2-7 If this Act does not receive the vote necessary for immediate 2-8 effect, this Act takes effect September 1, 2001. 2-9 (b) This Act applies only to a child taken into possession 2-10 in an emergency without a court order by the Department of 2-11 Protective and Regulatory Services on or after the effective date 2-12 of this Act. 2-13 * * * * *