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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility of children's advocacy centers for |
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contracts to provide services for children and family members in |
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child abuse and neglect cases and to investigations of those cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.0145(a), Family Code, is amended to |
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read as follows: |
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(a) In this section, "case record" means those files, |
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reports, records, communications, audiotapes, video recordings |
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[videotapes], or working papers under the custody and control of |
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the department that are collected, developed, or used: |
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(1) in a child abuse or neglect investigation; or |
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(2) in providing services as a result of an |
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investigation, including substitute care services for a child. |
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SECTION 2. Sections 264.408(d), (d-1), and (e), Family |
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Code, are amended to read as follows: |
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(d) A video recording of an [videotaped] interview of a |
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child made at a center is the property of the prosecuting attorney |
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involved in the criminal prosecution of the case involving the |
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child. If no criminal prosecution occurs, the video recording |
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[videotaped interview] is the property of the attorney involved in |
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representing the department in a civil action alleging child abuse |
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or neglect. If the matter involving the child is not prosecuted, |
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the video recording [videotape] is the property of the department |
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if the matter is an investigation by the department of abuse or |
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neglect. If the department is not investigating or has not |
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investigated the matter, the video recording [videotape] is the |
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property of the agency that referred the matter to the center. If |
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the center employs a custodian of records for video recordings of |
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[videotaped] interviews of children, the center is responsible for |
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the custody of the video recording [videotape]. A video recording |
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of an [videotaped] interview may be shared with other agencies |
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under a written agreement. |
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(d-1) A video recording of an [videotaped] interview |
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described by Subsection (d) is subject to production under Article |
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39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of |
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Evidence. A court shall deny any request by a defendant to copy, |
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photograph, duplicate, or otherwise reproduce a video recording, or |
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the audio portion of a video recording, [videotape] of an interview |
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described by Subsection (d), provided that the prosecuting attorney |
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makes the video recording [videotape] reasonably available to the |
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defendant in the same manner as property or material may be made |
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available to defendants, attorneys, and expert witnesses under |
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Article 39.15(d), Code of Criminal Procedure. |
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(e) The department shall be allowed access to a center's |
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video recordings of [videotaped] interviews of children. |
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SECTION 3. Section 264.411, Family Code, is amended to read |
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as follows: |
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Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public |
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entity that operated as a center under this subchapter before |
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November 1, 1995, or a nonprofit entity is eligible for a contract |
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under Section 264.410 if the entity: |
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(1) has a signed memorandum of understanding as |
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provided by Section 264.403; |
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(2) operates under the authority of a governing board |
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as provided by Section 264.404; |
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(3) has a multidisciplinary team of persons involved |
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in the investigation or prosecution of child abuse cases or the |
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delivery of services as provided by Section 264.406; |
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(4) holds regularly scheduled case reviews as provided |
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by Section 264.406; |
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(5) operates in a neutral and physically separate |
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space from the day-to-day operations of any public agency partner; |
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(6) has developed a method of statistical information |
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gathering on children receiving services through the center and |
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shares such statistical information with the statewide |
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organization, the department, and the office of the attorney |
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general when requested; |
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(7) has an in-house volunteer program; |
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(8) employs an executive director who is answerable to |
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the board of directors of the entity and who is not the exclusive |
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salaried employee of any public agency partner; [and] |
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(9) operates under a working protocol that includes a |
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statement of: |
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(A) the center's mission; |
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(B) each agency's role and commitment to the |
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center; |
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(C) the type of cases to be handled by the center; |
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(D) the center's procedures for conducting case |
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reviews and forensic interviews and for ensuring access to |
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specialized medical and mental health services; and |
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(E) the center's policies regarding |
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confidentiality and conflict resolution; and |
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(10) implements at the center the following program |
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components: |
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(A) a case tracking system that monitors |
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statistical information on each child and nonoffending family |
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member or other caregiver who receives services through the center |
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and that includes progress and disposition information for each |
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service the multidisciplinary team determines should be provided to |
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the client; |
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(B) a child-focused setting that is comfortable, |
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private, and physically and psychologically safe for diverse |
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populations of children and nonoffending family members and other |
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caregivers; |
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(C) family advocacy and victim support services |
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that include comprehensive case management and victim support |
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services available to each child and the child's nonoffending |
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family members or other caregivers as part of the services the |
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multidisciplinary team determines should be provided to a client; |
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(D) forensic interviews conducted in a neutral, |
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fact-finding manner and coordinated to avoid duplicative |
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interviewing; |
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(E) specialized medical evaluation and treatment |
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services that are available to all children who receive services |
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through the center and coordinated with the services the |
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multidisciplinary team determines should be provided to a child; |
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(F) specialized trauma-focused mental health |
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services that are designed to meet the unique needs of child abuse |
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victims and the victims' nonoffending family members or other |
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caregivers and that are available as part of the services the |
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multidisciplinary team determines should be provided to a client; |
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and |
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(G) a system to ensure that all services |
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available to center clients are culturally competent and diverse |
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and are coordinated with the services the multidisciplinary team |
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determines should be provided to a client. |
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(b) The statewide organization may waive the requirements |
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specified in Subsection (a) if it determines that the waiver will |
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not adversely affect the center's ability to carry out its duties |
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under Section 264.405. [Any waiver that is granted must be
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identified in the written contract with the center.] |
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SECTION 4. Section 264.411, Family Code, as amended by this |
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Act, applies only to a contract entered into under Section 264.410, |
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Family Code, on or after the effective date of this Act. A contract |
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entered into before the effective date of this Act is governed by |
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the law in effect on the date the contract was entered into, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |