By: Martinez Fischer H.B. No. 3965

A BILL TO BE ENTITLED

AN ACT

relating to duties of a parent in the parent-child relationship to report, creating an offense and providing a penalty and other family law matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 261.3031, family code, is amended to read as follows:

Sec. 261.3031. FAILURE TO COOPERATE WITH INVESTIGATION; DEPARTMENT RESPONSE. If a parent or other person refuses to cooperate with the department's investigation of the alleged abuse or neglect of a child and the refusal poses a risk to the child's safety, the department shall seek assistance from the appropriate county attorney or district attorney or criminal district attorney with responsibility for representing the department as provided by Section 264.009 to obtain a court order as described by Section 261.303. Failure to report to an authorized agency after a reasonable time and sufficient notice constitutes a refusal to cooperate with the department's investigation. A summons may be issued to obtain the whereabouts of the non reporting parent.

SECTION 2. Section 261.3032, family code, is amended as follows:

Sec. 261.3032. INTERFERENCE WITH INVESTIGATION; CRIMINAL PENALTY. (a) A person commits an offense if, with the intent to interfere with the department's investigation of a report of abuse or neglect of a child, the person relocates the person's residence, either temporarily or permanently, without notifying the department of the address of the person's new residence or conceals the child and the person's relocation or concealment interferes with the department's investigation.

(a-1) A person also commits an offense under this section if upon proper notice he or she does not report in a reasonable time to an authorized agency investigating abuse or neglect.

(b) An offense under this section is a Class B misdemeanor[.] except as provided by (b-1).

(b-1) if a parent who has previously had her or his parental rights terminated commits an offense defined an subsections (a) or (a-1) then this offense is a class A misdemeanor.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(d) Upon the showing of probable cause that a parent is interfering with an investigation or not reporting to an authorized agency within a reasonable time with proper notice, a warrant for the arrest of the parent shall be issued by an appropriate magistrate.

SECTION 3. Chapter 161, Title 5, Family code is amended by adding new section 161.212 to read as follows:

Sec. 161.212. Failure to Report by a Previously Terminated Parent. (a) A parent who has previously had her or his parental rights terminated shall immediately upon proper notice by an authorized agency comply with all investigatory requests concerning any allegation or investigation of abuse or neglect with any child still remaining in the home or in the custody of the previously terminated parent. Failure to comply constitutes grounds for an action under section 161.001 of this chapter.

Section 4. Section 201.007, Family Code, is amended to read as follows:

Sec. 201.007. POWERS OF ASSOCIATE JUDGE. (a) Except as limited by an order of referral, an associate judge may:

(1) conduct a hearing;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on the admissibility of evidence;

(5) issue a summons for the appearance of witnesses;

(6) examine a witness;

(7) swear a witness for a hearing;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) recommend an order to be rendered in a case;

(11) regulate all proceedings in a hearing before the associate judge;

(12) order the attachment of a witness or party who fails to obey a subpoena;

(13) order the detention of a witness or party found guilty of contempt, pending approval by the referring court as provided by Section 201.013;

(14) render and sign:

(A) a final order agreed to in writing as to both form and substance by all parties;

(B) a final default order; or

(C) a temporary order; and

(15) take action as necessary and proper for the efficient performance of the associate judge's duties.

(16) issue summons to any parent who has failed to appear to an authorized agency conducting an investigation of an allegation of negligence or abuse.

SECTION 6. Chapter 265, Title 5, Family Code, is amended by adding section 265.005 to read as follows:

Sec. 265.005. RISK ASSESSMENT TRAINING AND AWARENESS PROGRAM. The department shall develop a plan to increase awareness about early intervention and risk assessment amongst authorized agencies in Texas.

SECTION 8. This Act takes effect September 1, 2007.