H.B. 263 78(R)    BILL ANALYSIS


H.B. 263
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Children's Advocacy Centers ("CACs") are established to ensure effective
coordination among the professionals who investigate and prosecute child
abuse.  At the core of every CAC is a multidisciplinary team of law
enforcement, prosecution, child  protective services, the medical and
mental health fields and CAC program staff.  These teams are provided with
support from their local communities in the form of local board of
directors and volunteers who ensure the establishment of a child friendly,
neutral environment to establish a child sensitive, effective approach to
these difficult cases as well as the provision of appropriate intervention
services to victim's families. 

In 1995, enabling legislation in the Family Code was enacted to define
CACs and to establish standards for operation. At that time, the
membership of Children's Advocacy Centers_ of Texas' included the 13
existing centers in the state. Today, 53 CACs provide services to more
than 24,000 victims of child abuse in 129 Texas counties each year. 

House Bill 263 will provide additional clarity and an accurate reflection
of current practices regarding organizational structure, ongoing
operations  and delivery of services among Texas CACs.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Family Code Sections 264.402, 264.404 and 264.406 to
reflect current practice in the establishment of a children's advocacy
center, board membership requirements, and the multidisciplinary team
member requirements and duties. Provides that community members may be
involved in the establishment of a children's advocacy center and the
participating entities may serve one county as well as two or more
contiguous counties.  Provides that, in addition to other persons serving
on the board, the membership must include an executive officer, or an
employee selected by an executive officer of a law enforcement agency that
investigates child abuse in the area served by the center; the child
protective services division of the Texas Department of Protective and
Regulatory Services (DPRS); and the county or district attorney's office
involved in prosecution of child abuse in the area. 

Section 264.404 also eliminates the requirement of appointment of a member
to serve on the governing board.  Requires multidisciplinary teams to
consist of employees of the participating agencies who are professionals
involved in the investigation and prosecution of child abuse cases. Allows
professionals involved in the delivery of services to serve as members.
Requires multidisciplinary meetings at regularly scheduled intervals to
review cases, coordinate investigations and delivery of services.   



 Section 2.  Amends Family Code Section 264.411(a) to provide that a
public entity that operated as a center under this subchapter before
November 1, 1995 or a nonprofit entity is eligible for a contract under
Section 264.410, Family Code provided that the entity has a signed
memorandum of understanding as provided by Section 264.403 and operates
under a working protocol that includes a statement of the center's
procedures for conducting case reviews and forensic interviews and for
ensuring access to specialized medical and mental health services, and the
center's policies regarding confidentiality and conflict resolution. 

Section 3.  Amends Section 411.114(a)(3) of the Government Code to entitle
the Department of Protective and Regulatory Services to obtain criminal
history record information maintained by the department  that relates to a
person who is an employee, volunteer, or applicant volunteer of a
children's advocacy center, including a member of the governing board of
the center.  

Section 4.  This Act takes effect September 1, 2003. (b) The change in law
made by this Act to Section 264.411(a), Family Code, applies only to a
contract entered into under Section 264.410, Family Code, on or after the
effective date of this Act.  A contract entered into before the effective
date of this Act is governed by the law in effect on the date the contract
was entered into, and the former law is continued in effect for that
purpose. 


EFFECTIVE DATE

September 1, 2003.