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A BILL TO BE ENTITLED
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AN ACT
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relating to notifying an alleged perpetrator of child abuse or |
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neglect of the person's rights in connection with an investigation |
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conducted by the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.307, Family Code, is amended to read |
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as follows: |
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Sec. 261.307. INFORMATION RELATING TO INVESTIGATION |
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PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [As soon as |
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possible after] initiating an investigation of a parent or other |
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person having legal custody of a child, the department shall, on |
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first contact with the person, provide to the person: |
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(1) a summary that: |
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(A) is brief and easily understood; |
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(B) is written in a language that the person |
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understands, or if the person is illiterate, is read to the person |
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in a language that the person understands; and |
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(C) contains the following information: |
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(i) the department's procedures for |
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conducting an investigation of alleged child abuse or neglect, |
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including: |
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(a) a description of the |
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circumstances under which the department would request to remove |
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the child from the home through the judicial system; and |
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(b) an explanation that the law |
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requires the department to refer all reports of alleged child abuse |
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or neglect to a law enforcement agency for a separate determination |
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of whether a criminal violation occurred; |
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(ii) the person's right to file a complaint |
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with the department or to request a review of the findings made by |
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the department in the investigation; |
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(iii) the person's right to review all |
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records of the investigation unless the review would jeopardize an |
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ongoing criminal investigation or the child's safety; |
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(iv) the person's right to seek legal |
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counsel; |
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(v) references to the statutory and |
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regulatory provisions governing child abuse and neglect and how the |
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person may obtain copies of those provisions; [and] |
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(vi) the process the person may use to |
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acquire access to the child if the child is removed from the home; |
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and |
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(vii) written notification of the rights |
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listed under Subdivision (2); |
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(2) oral notification of the right to: |
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(A) refuse to speak with any agent of the |
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department without the person's legal counsel; |
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(B) assistance by an attorney; |
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(C) have a court-appointed attorney if the person |
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is indigent; |
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(D) openly or secretly record any interaction or |
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interview to which the person is a party subject to the |
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understanding that the recording may be subject to disclosure to |
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the department, law enforcement, or another party under a court |
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order; |
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(E) request and receive a copy of the |
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department's current recording policy; |
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(F) refuse to allow the investigator to enter the |
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home or interview the children without legal counsel present; |
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(G) withhold consent to the release of any |
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medical or mental health records; |
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(H) withhold consent to any medical or |
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psychological examination of the child; |
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(I) refuse to submit to a drug test; |
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(J) consult with legal counsel before agreeing to |
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any proposed voluntary safety plan; |
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(K) be notified of and attend any court hearings |
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related to or arising from the investigation; and |
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(L) on request, have an interpreter; |
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(3) if the department determines that removal of the |
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child may be warranted, a proposed child placement resources form |
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that: |
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(A) instructs the parent or other person having |
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legal custody of the child to: |
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(i) complete and return the form to the |
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department or agency; |
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(ii) identify in the form at least three |
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individuals who could be relative caregivers or designated |
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caregivers, as those terms are defined by Section 264.751; |
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(iii) ask the child in a developmentally |
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appropriate manner to identify any adult, particularly an adult |
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residing in the child's community, who could be a relative |
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caregiver or designated caregiver for the child; and |
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(iv) list on the form the name of each |
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individual identified by the child as a potential relative |
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caregiver or designated caregiver; and |
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(B) informs the parent or other person of a |
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location that is available to the parent or other person to submit |
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the information in the form 24 hours a day either in person or by |
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facsimile machine or e-mail; and |
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(4) [(3)] an informational manual required by Section |
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261.3071. |
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(b) The child placement resources form described by |
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Subsection (a)(3) [(a)(2)] must include information on the periods |
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of time by which the department must complete a background check. |
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(c) The department shall adopt a form for the purpose of |
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verifying that the parent or other person having legal custody of |
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the child received the verbal notification and written summary |
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required by this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an investigation of a report of child abuse or neglect that is made |
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on or after the effective date of this Act. An investigation of a |
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report of abuse or neglect made before the effective date of this |
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Act is governed by the law in effect on the date the report was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |