S.B. No. 1440
 
 
 
 
AN ACT
  relating to orders and judgments rendered by associate judges in
  child support and child protection cases and to the investigation
  of child abuse and neglect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 201.1041, Family Code,
  is amended to read as follows:
         (a)  If a request for a de novo hearing before the referring
  court is not timely filed or the right to a de novo hearing before
  the referring court is waived, the proposed order or judgment of the
  associate judge, other than a proposed order or judgment providing
  for enforcement by contempt or the immediate incarceration of a
  party, shall become the order or judgment of the referring court by
  operation of law without the signature of the judge of the referring
  court or ratification by the referring court.
         SECTION 2.  Subsection (a), Section 201.2041, Family Code,
  is amended to read as follows:
         (a)  If a request for a de novo hearing before the referring
  court is not timely filed or the right to a de novo hearing before
  the referring court is waived, the proposed order or judgment of the
  associate judge becomes the order or judgment of the referring
  court by operation of law without the signature of the judge of the
  referring court or ratification by the referring court.
         SECTION 3.  Section 261.302, Family Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  The department, without filing suit, may seek a court
  order in aid of an investigation under Section 261.303.
         SECTION 4.  Section 261.303, Family Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections
  (c-1), (c-2), (c-3), (f), (g), (h), (i), (j), (k), (l), and (m) to
  read as follows:
         (a)  A person may not interfere with an investigation of a
  report of child abuse or neglect conducted by the department or
  designated agency, and a court may render an order to assist the
  department in an investigation under this subchapter.
         (b)  If admission to the home, school, or any place where the
  child may be cannot be obtained, or if consent to transport a child
  for purposes relating to an interview or investigation cannot be
  obtained, then, on presentation of an application supported by an
  affidavit described by Subsection (c-2) that is executed by an
  investigator or authorized representative of the department, [for
  good cause shown] the court having family law jurisdiction,
  including any associate judge designated by the court, may, on
  finding that the affidavit is sufficient and without prior notice
  or a hearing, [shall] order the parent, the person responsible for
  the care of the children, or the person in charge of any place where
  the child may be to allow entrance, transport of the child, or both
  entrance and transport for the interview, examination, and
  investigation.
         (c)  If a parent or person responsible for the child's care
  does not consent to release of the child's prior medical,
  psychological, or psychiatric records or to a medical,
  psychological, or psychiatric examination of the child that is
  requested by the department or designated agency, then, on
  presentation of an application supported by an affidavit described
  by Subsection (c-2) that is executed by an investigator or
  authorized representative of the department, the court having
  family law jurisdiction, including any associate judge designated
  by the court, may, on finding that the affidavit is sufficient and
  without prior notice or a hearing [shall, for good cause shown],
  order the records to be released or the examination to be made at
  the times and places designated by the court.
         (c-1)  If a person having possession of records relating to a
  child that are relevant to an investigation does not consent to the
  release of the records on the request of the department or
  designated agency, then, on presentation of an application
  supported by an affidavit described by Subsection (c-2) that is
  executed by an investigator or authorized representative of the
  department, the court having family law jurisdiction, including any
  associate judge designated by the court, may, on finding that the
  affidavit is sufficient and without prior notice or a hearing,
  order the records to be released at the time and place designated by
  the court.
         (c-2)  An application filed under this section must be
  accompanied by an affidavit executed by an investigator or
  authorized representative of the department that states facts
  sufficient to lead a person of ordinary prudence and caution to
  believe that:
               (1)  based on information available, a child's physical
  or mental health or welfare has been or may be adversely affected by
  abuse or neglect;
               (2)  the requested order is necessary to aid in the
  investigation; and
               (3)  there is a fair probability that allegations of
  abuse or neglect will be sustained if the order is issued and
  executed.
         (c-3)  An application and supporting affidavit used to
  obtain a court order in aid of an investigation under this section
  may be filed on any day, including Sunday.
         (f)  A court may designate an associate judge to render an
  order in aid of an investigation under this section. An order
  rendered by an associate judge is immediately effective without the
  ratification or signature of the court making the designation.
         (g)  As soon as practicable after executing the order or
  attempting to execute the order, as applicable, the department
  shall file with the clerk of the court that rendered the order a
  written report stating:
               (1)  the facts surrounding the execution of the order,
  including the date and time the order was executed and the name of
  the investigator or authorized representative executing the order;
  or
               (2)  the reasons why the department was unable to
  execute the order.
         (h)  A court issuing an order in aid of an investigation
  under this section shall keep a record of all the proceedings before
  the court under this subchapter, including a report filed with the
  court under Subsection (g). The record of proceedings, including
  any application and supporting affidavit presented to the court and
  any report filed with the court under Subsection (g), is
  confidential and may only be disclosed as provided by Subsection
  (i) or Section 261.201.
         (i)  If the department files a suit under Chapter 262, the
  department shall include with its original petition a copy of the
  record of all the proceedings before the court under this
  subchapter, including an application and supporting affidavit for
  an order under this section and any report relating to an order in
  aid of an investigation.
         (j)  As soon as practicable after the department obtains
  access to records of a child under an order in aid of an
  investigation, the department shall notify the child's parents or
  another person with legal custody of the child that the department
  has obtained the records.
         (k)  Access to a confidential record under this subchapter
  does not constitute a waiver of confidentiality.
         (l)  This section does not prevent a court from requiring
  notice and a hearing before issuance of an order in aid of an
  investigation under this section if the court determines that:
               (1)  there is no immediate risk to the safety of the
  child; and
               (2)  notice and a hearing are required to determine
  whether the requested access to persons, records, or places or
  transport of the child is necessary to aid in the investigation.
         (m)  A court's denial of a request for an ex parte order under
  this section does not prevent the issuance of a criminal warrant.
         SECTION 5.  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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1440 passed the Senate on
  April 16, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 30, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1440 passed the House, with
  amendment, on May 27, 2009, by the following vote: Yeas 148,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor