79R1573 JMM-D

By:  Dukes                                                        H.B. No. 198



A BILL TO BE ENTITLED

AN ACT

relating to the preliminary investigation of a report of child 
abuse or neglect.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter D, Chapter 261, Family Code, is 
amended by adding Section 261.300 to read as follows:
	Sec. 261.300.  PRELIMINARY INVESTIGATION.  (a)  The 
department or designated agency shall conduct a preliminary 
investigation of a report of child abuse or neglect allegedly 
committed by a person responsible for a child's care, custody, or 
welfare.
	(b)  After conducting the preliminary investigation under 
this section, the department or designated agency shall determine 
whether there is sufficient evidence of child abuse or neglect to 
warrant a full investigation under Section 261.301.
	(c)  The department or designated agency may close an 
investigation if, after conducting a preliminary investigation 
under this section, the department or designated agency determines 
that there is insufficient evidence of child abuse or neglect to 
warrant a full investigation under Section 261.301.
	SECTION 2.   Section 261.301(a), Family Code, is amended to 
read as follows: 
	(a)  Except as provided by Section 261.300(c) [With 
assistance from the appropriate state or local law enforcement 
agency], the department or designated agency, with assistance from 
the appropriate state or local law enforcement agency, shall make a 
prompt and thorough investigation of a report of child abuse or 
neglect allegedly committed by a person responsible for a child's 
care, custody, or welfare.  The investigation shall be conducted 
without regard to any pending suit affecting the parent-child 
relationship.
	SECTION 3.  The change in law made by this Act applies only 
to a report of child abuse or neglect made on or after the effective 
date of this Act.  A report of child abuse or neglect 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.
	SECTION 4.  This Act takes effect September 1, 2005.