Amend CSSB 6, in Article 1 of the bill, by adding the
following appropriately numbered SECTION and renumbering the
SECTIONS in that article accordingly:
SECTION ___. (a) Section 261.302, Family Code, is amended
by amending Subsections (a) and (e) and adding Subsections (f),
(g), and (h) to read as follows:
(a) The investigation may include:
(1) a visit to the child's home, unless the alleged
abuse or neglect can be confirmed or [clearly] ruled out without a
home visit; and
(2) an interview with and examination of the subject
child, only if the investigating agency suspects or has reason to
suspect the child has been psychologically, emotionally, or
sexually abused [which may include a medical, psychological, or
psychiatric examination].
(e) An interview with a child conducted by the department or
another person under the direction of the department, other than a
law enforcement agency investigator, [alleged to be a victim of
physical abuse or sexual abuse] shall be audiotaped or videotaped
during the investigative stage [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. Nothing in this subsection shall
be construed as prohibiting the 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 department or other entity shall preserve a
recording of each initial telephone call by a person reporting
abuse or neglect of a child. The department shall record and
preserve all interviews and documents pertaining to an
investigation, including original notes. The fact that the
investigating agency failed to audiotape or videotape an interview
is admissible at the trial of the offense that is the subject of the
interview.
(f) Except as provided by Subsection (g), an investigation
that includes an examination of the subject child or any other child
in the home as authorized by Subsections (a)(2) and (c) may not
include a medical, psychological, or psychiatric examination of the
child unless:
(1) the child's parent, conservator, or legal guardian
consents in writing to the examination; or
(2) a court orders the examination.
(g) If during the investigation a representative of a law
enforcement agency is not present and the department investigator
believes that a child needs emergency medical attention before a
law enforcement agency representative could arrive, the
investigator may call for assistance from emergency medical
services personnel, as defined by Section 773.003, Health and
Safety Code. Emergency medical services personnel may examine and
provide emergency medical services to the child, but the department
may not conduct any other medical, psychological, or psychiatric
examination of the child, unless the examination is permitted under
Subsection (f).
(h) This section may not be construed to limit the authority
of a law enforcement agency to perform the agency's duties under any
other law.
(b) Section 261.302, Family Code, as amended by this
article, applies only to an investigation of an allegation of child
abuse or neglect initiated on or after the effective date of this
Act. An investigation of an allegation of child abuse or neglect
initiated before the effective date of this Act is governed by the
law in effect on the date the investigation was initiated, and the
former law is continued in effect for that purpose.