By:  Ogden                                                        S.B. No. 1490

A BILL TO BE ENTITLED
AN ACT
relating to certain investigation requirements and other procedures in connection with an allegation of child abuse or neglect. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsection (e), Section 261.302, Family Code, is amended to read as follows: (e) An interview by an investigating agency, other than the department, with a child alleged to be a victim of physical abuse or sexual abuse shall be audiotaped or videotaped unless the investigating agency determines that good cause exists for not audiotaping or videotaping the interview in accordance with rules of the agency. Good cause may include, but is not limited to, such considerations as the age of the child and the nature and seriousness of the allegations under investigation. An interview by the department with a child alleged to be the victim of physical abuse or sexual abuse shall be audiotaped or videotaped unless a parent of the child observes the interview or agrees in writing that the department may proceed with the interview without taping the interview or a court, on finding good cause, waives the requirement. Nothing in this subsection shall be construed as prohibiting the department or other investigating agency from audiotaping or videotaping an interview of a child on any case for which such audiotaping or videotaping is not required under this subsection. The fact that the department or other investigating agency failed to audiotape or videotape an interview is admissible at the trial of the offense that is the subject of the interview. SECTION 2. Subsection (a), Section 262.201, Family Code, is amended to read as follows: (a) Unless the child has already been returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession and the temporary order, if any, has been dissolved, a full adversary hearing shall be held not later than the 14th day after the date the child was taken into possession by the governmental entity. The parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession of the child may petition the court to hold the hearing on a date earlier than the date set by the court under this subsection. SECTION 3. (a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. (b) The change in law made by this Act by the amendment of Subsection (e), Section 261.302, Family Code, applies only to the investigation of a report of child abuse or neglect made on or after the effective date of this Act, without regard to whether the abuse or neglect occurred before, on, or after that date. The investigation of a report made before the effective date of this Act is governed by the law in effect on the date the report was made, and the former law is continued in effect for that purpose. (c) The change in law made by this Act by the amendment of Subsection (a), Section 262.201, Family Code, applies only to a hearing with regard to a child taken into possession by a governmental entity on or after the effective date of this Act. A hearing with regard to a child taken into possession by a governmental entity before the effective date of this Act is governed by the law in effect on the date the child was taken into possession by the governmental entity, and the former law is continued in effect for that purpose.