HB 2764, Sen 2nd Rdg, Amnd #F1

Amend HB 2764 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3072 to read as follows:

Sec. 261.3072. REQUIRED NOTIFICATIONS DURING INVESTIGATION AND INTERVIEW. (a) As soon as possible after initiating an investigation of a report of child abuse or neglect, the department shall notify the parent or conservator of the child who is the subject of the report of abuse or neglect and the person alleged to have committed the abuse or neglect of:

(1) the specific facts made in the report of abuse or neglect;

(2) the date the report of abuse or neglect was made; and

(3) whether the department is considering previously closed investigations against the person alleged to have committed the abuse or neglect.

(b) Before the department conducts an interview regarding a report of child abuse or neglect, the department shall:

(1) provide the person being interviewed with the contact information of the department employee conducting the interview, including the employee's name, e-mail address, and phone number;

(2) notify the person being interviewed of the person's right to:

(A) record the interview using an audio recording device;

(B) consult with an attorney during the interview and have an attorney present during the interview; and

(C) file a complaint relating to the department's conduct during the investigation with the department's office of consumer relations; and

(3) inform the person being interviewed that any information collected during the investigation may be used as evidence in a proceeding to remove the child or in a criminal proceeding.

(c) A department employee may not threaten adverse action or otherwise retaliate against a person who exercises a right described by Subsection (b)(2).

(d) The department employee conducting the interview shall obtain written verification from the person being interviewed that the department provided the person with the information required by Subsection (b).

SECTION ____. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.045 to read as follows:

Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE INTERVIEWS. (a) This section applies to all investigations conducted by the department, including investigations conducted by the adult protective services division and the child protective services division.

(b) Except as provided by Subsection (c), before a department employee conducts an interview as part of a department investigation, the employee shall:

(1) orally notify the person who is the subject of the interview that the person has the right to record the interview using an audio recording device; and

(2) obtain written verification from the person who is the subject of the interview that the department employee provided the notice required by Subdivision (1).