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A BILL TO BE ENTITLED
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AN ACT
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relating to a training program for persons investigating suspected |
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child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3105 to read as follows: |
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Sec. 261.3105. TRAINING PROGRAM FOR PERSONS INVESTIGATING |
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SUSPECTED CHILD ABUSE OR NEGLECT. (a) The department shall develop |
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a training program for each person who investigates any instance of |
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suspected child abuse or neglect at the state or local level and the |
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investigative supervisor of the person. |
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(b) The training program must include instruction on: |
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(1) the definitions of abuse and neglect under Section |
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261.001; |
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(2) the option for an abbreviated investigation or |
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administrative closure of certain reported cases under Section |
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261.3018; |
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(3) the required notice to an alleged perpetrator of |
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the right to record an interview under Section 261.3027; |
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(4) the required provision of information on |
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investigation procedures and child placement resources under |
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Section 261.307; |
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(5) the required notice of the right to request an |
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administrative review of the department's findings under Section |
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261.3091; |
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(6) the investigative standards established under |
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Section 261.310, including case file documentation; |
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(7) the required assessment of certain proposed |
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relative or other designated caregiver placements under Section |
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264.754; |
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(8) the department's policies on investigation |
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dispositions and risk findings appropriate to the type of |
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investigation; |
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(9) the department's policy on identifying a potential |
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relative placement before an adversary hearing; |
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(10) the department's policy on notifying a kinship |
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provider of the appeal process for a denied home assessment for |
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potential placement with the provider; |
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(11) the procedures for defining, identifying, and |
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supporting protective capabilities of youths 13 years of age or |
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older; |
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(12) the burdens of proof applied to the evaluation |
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and production of evidence; |
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(13) the rights provided by the Fourth Amendment to |
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the United States Constitution, the appropriate manner of informing |
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an alleged perpetrator of those rights, and the search and seizure |
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elements of those rights; and |
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(14) information on available community resources for |
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a child's identified risk factors to avoid delay in referrals for |
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services and to resources. |
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(c) The training program must also provide to department |
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investigators advanced training on investigative techniques and |
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protocols, including: |
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(1) techniques and protocols for conducting |
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interviews with alleged perpetrators of and witnesses to alleged |
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child abuse or neglect that ensure department investigators are |
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able to provide accurate information to appropriate experts; |
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(2) techniques for searching for and identifying |
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witnesses and collateral sources who may potentially provide |
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information regarding an allegation of child abuse or neglect; |
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(3) protocols for accurately scaling alleged abuse or |
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neglect markings and injuries that ensure department investigators |
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are able to accurately and appropriately present information to |
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medical experts; |
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(4) protocols for photographing alleged abuse or |
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neglect markings and scenes; |
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(5) techniques for reconstructing events and |
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statements using timelines; |
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(6) protocols for collecting and packaging evidence; |
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(7) protocols for using notes, photographs, and |
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timelines to accurately represent an allegation of abuse or |
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neglect; |
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(8) methods for analyzing and applying forensic |
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evidence to the statutory definitions of abuse and neglect under |
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Section 261.001 and to possible signs and symptoms of abuse and |
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neglect; and |
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(9) procedures for analyzing and applying forensic |
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evidence to statutory standards established in this chapter, |
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including the burden of proof. |
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(d) The department shall administer to each investigator |
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and investigative supervisor an examination to test the |
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individual's knowledge and competency of the information provided |
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in the training program. An investigator or investigative |
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supervisor may not be assigned to investigate or supervise the |
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investigation of any case until the investigator or supervisor |
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successfully completes the training program and passes the |
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examination. |
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(e) In developing and implementing the training program, |
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the department shall: |
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(1) encourage professionalism, procedural |
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standardization, and investigative disposition accuracy in the |
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investigations of suspected child abuse or neglect; and |
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(2) collaborate with: |
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(A) appropriate Department of Public Safety |
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personnel; |
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(B) licensed attorneys; |
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(C) forensic medical professionals; |
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(D) appropriate law enforcement agency |
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personnel; and |
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(E) any other appropriate professionals. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the commissioner of the Department of Family and |
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Protective Services shall adopt the rules necessary to implement |
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the changes in law made by this Act. |
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(b) Section 261.3105(d), Family Code, as added by this Act, |
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applies only to investigation of a case assigned to an investigator |
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or investigative supervisor on or after January 1, 2025. |
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SECTION 3. This Act takes effect September 1, 2023. |