79(R) HB 2099 - House Committee Report version


                                                                                
79R11220 MCK-D


By:  Dutton                                                       H.B. No. 2099

Substitute the following for H.B. No. 2099:                                   

By:  Goodman                                                  C.S.H.B. No. 2099



A BILL TO BE ENTITLED

AN ACT

relating to investigations of reports of child abuse and neglect.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 261.301(a), (d), (f), (g), and (h), 
Family Code, are amended to read as follows:
	(a)  With assistance from the appropriate state or local law 
enforcement agency as provided by this section, the department or 
designated 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.
	(d)  The department shall [may] by rule assign priorities and 
prescribe investigative procedures for investigations based on the 
severity and immediacy of the alleged harm to the child.  The rules 
must require the department to respond within 24 hours after a 
report of abuse and neglect that is assigned the highest priority 
and within 72 hours after a report of abuse and neglect that is 
assigned the second highest priority.  The primary purpose of the 
investigation shall be the protection of the child.
	(f)  An investigation of a report to the department [that is 
assigned the highest priority in accordance with department rules 
adopted under Subsection (d) and] that alleges that a child has been 
or may be the victim of conduct that constitutes a criminal offense 
that poses an immediate risk of physical or sexual abuse of a child 
that could result in the death of or serious harm to the child shall 
be conducted jointly by a peace officer, as defined by Article 2.12, 
Code of Criminal Procedure, from the appropriate local law 
enforcement agency and the department or the agency responsible for 
conducting an investigation under Subchapter E.
	(g)  The inability or unwillingness of a local law 
enforcement agency to conduct a joint investigation under this 
section [Subsection (f)] does not constitute grounds to prevent or 
prohibit the department from performing its duties under this 
subtitle.  The department shall document any instance in which a law 
enforcement agency is unable or unwilling to conduct a joint 
investigation under this section [Subsection (f)].
	(h)  The department and the appropriate local law 
enforcement agency shall conduct an investigation, other than an 
investigation under Subchapter E, as provided by this section and 
Article 2.27, Code of Criminal Procedure, if the investigation is 
of a report [of child abuse or neglect that is assigned the highest 
priority in accordance with department rules adopted under 
Subsection (d) and] that alleges that a child has been or may be the 
victim of conduct that constitutes a criminal offense that poses an 
immediate risk of physical or sexual abuse of a child that could 
result in the death of or serious harm to the child.  Immediately on 
receipt of a report described by this subsection, the department 
shall notify the appropriate local law enforcement agency of the 
report.
	SECTION 2.  Section 261.406, Family Code, is amended to read 
as follows:     
	Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a)  On receipt of 
a report of alleged or suspected abuse or neglect of a child in a 
public or private school under the jurisdiction of the Texas 
Education Agency, the department shall forward the report to the 
appropriate law enforcement agency to perform an investigation as 
provided by this chapter.
	(b)  The law enforcement agency [department] shall send a 
written report of the agency's [department's] investigation, as 
appropriate, to the Texas Education Agency, the agency responsible 
for teacher certification, the local school board or the school's 
governing body, and the school principal or director, unless the 
principal or director is alleged to have committed the abuse or 
neglect, for appropriate action.  On request, the agency
[department] shall provide a copy of the report of investigation to 
the parent, managing conservator, or legal guardian of a child who 
is the subject of the investigation and to the person alleged to 
have committed the abuse or neglect.  The report of investigation 
shall be edited to protect the identity of the persons who made the 
report of abuse or neglect. Section 261.201(b) applies to the 
release of confidential information relating to the investigation 
of a report of abuse or neglect under this section and to the 
identity of the person who made the report of abuse or neglect.
	[(c)  Nothing in this section may prevent a law enforcement 
agency from conducting an investigation of a report made under this 
section.
	[(d)  The Board of Protective and Regulatory Services shall 
adopt rules necessary to implement this section.]
	SECTION 3.  (a)  The change in law made by this Act applies 
only to the investigation of a report of child abuse or neglect made 
on or after the effective date of this Act.  The investigation of 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.
	(b)  The Department of Family and Protective Services shall 
develop and implement an automated tracking and reporting system 
that enables the department to track information on initial 
contacts to monitor compliance with the requirements of Section 
261.301(d), Family Code, as amended by this Act, relating to the 
timely response to reports of abuse and neglect.
	SECTION 4.  This Act takes effect September 1, 2006.