Texas 2009 - 81st Regular

Texas House Bill HB4569 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2984 UM-F
2	2	By: Zerwas H.B. No. 4569
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to investigations and other procedures with respect to
8	8	allegations of child abuse and neglect.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.103, Family Code, is amended by
11	11	adding Subsection (d) to read as follows:
12	12	(d) The department or other entity receiving a report of
13	13	abuse or neglect shall maintain each report until the second
14	14	anniversary of the date the department or other entity receives the
15	15	report.
16	16	SECTION 2. Sections 261.201(b) and (c), Family Code, are
17	17	amended to read as follows:
18	18	(b) A court shall [may] order the disclosure of information
19	19	that is confidential under this section if:
20	20	(1) a motion has been filed with the court requesting
21	21	the release of the information;
22	22	(2) a notice of hearing has been served on the
23	23	investigating agency and all other interested parties; and
24	24	(3) after hearing and an in camera review of the
25	25	requested information, the court determines that the disclosure of
26	26	the requested information is[:
27	27	[(A) essential to the administration of justice;
28	28	and
29	29	[(B)] not likely to endanger the life or safety
30	30	of:
31	31	(A) [(i)] a child who is the subject of the
32	32	report of alleged or suspected abuse or neglect;
33	33	(B) [(ii)] a person who makes a report of
34	34	alleged or suspected abuse or neglect; or
35	35	(C) [(iii)] any other person who participates
36	36	in an investigation of reported abuse or neglect or who provides
37	37	care for the child.
38	38	(c) In addition to Subsection (b), a court, on its own
39	39	motion, may order disclosure of information that is confidential
40	40	under this section if:
41	41	(1) the order is rendered at a hearing for which all
42	42	parties have been given notice;
43	43	(2) the court finds that disclosure of the information
44	44	is[:
45	45	[(A) essential to the administration of justice;
46	46	and
47	47	[(B)] not likely to endanger the life or safety
48	48	of:
49	49	(A) [(i)] a child who is the subject of the
50	50	report of alleged or suspected abuse or neglect;
51	51	(B) [(ii)] a person who makes a report of
52	52	alleged or suspected abuse or neglect; or
53	53	(C) [(iii)] any other person who participates
54	54	in an investigation of reported abuse or neglect or who provides
55	55	care for the child; and
56	56	(3) the order is reduced to writing or made on the
57	57	record in open court.
58	58	SECTION 3. Section 261.302, Family Code, is amended by
59	59	amending Subsections (a) and (f) and adding Subsections (e-1),
60	60	(e-2), and (e-3) to read as follows:
61	61	(a) The investigation may include:
62	62	(1) a visit to the child's home, unless the alleged
63	63	abuse or neglect can be confirmed or clearly ruled out without a
64	64	home visit; and
65	65	(2) an interview with and examination of the subject
66	66	child, any other child in the home, or the child's parents, which
67	67	may include a medical, psychological, or psychiatric examination as
68	68	authorized by Subsection (e-1).
69	69	(e-1) Except as provided by Subsection (e-2), an
70	70	investigation that includes an examination of the subject child or
71	71	any other child in the household may not include a medical,
72	72	psychological, or psychiatric examination of the child unless:
73	73	(1) the child's parent, conservator, or legal guardian
74	74	consents in writing to the examination; or
75	75	(2) the department obtains a court order for the
76	76	medical, psychological, or psychiatric examination.
77	77	(e-2) If during the investigation a department investigator
78	78	believes that a child needs emergency medical attention before a
79	79	representative of a law enforcement agency is able to arrive, the
80	80	investigator may obtain medical assistance for the child from
81	81	emergency medical services personnel, as defined by Section
82	82	773.003, Health and Safety Code.
83	83	(e-3) This section does not limit the authority of a law
84	84	enforcement agency to perform its duties under any other law.
85	85	(f) A person commits an offense if the person is notified of
86	86	the time of the transport of a child by the department and the
87	87	location from which the transport is initiated and the person is
88	88	present at the location when the transport is initiated and
89	89	attempts to interfere with the department's investigation. An
90	90	offense under this subsection is a Class B misdemeanor. It is an
91	91	exception to the application of this subsection that the department
92	92	requested the person to be present at the site of the transport.
93	93	This subsection applies only when the department has taken custody
94	94	of a child under Section 262.104, an ongoing court-ordered
95	95	investigation is being conducted, or the child's parent,
96	96	conservator, or legal guardian has consented to the transport.
97	97	SECTION 4. Section 261.3021, Family Code, is amended to
98	98	read as follows:
99	99	Sec. 261.3021. CASEWORK DOCUMENTATION AND MANAGEMENT. (a)
100	100	Subject to the appropriation of money for these purposes, the
101	101	department shall:
102	102	(1) identify critical investigation actions that
103	103	impact child safety and require department caseworkers to document
104	104	those actions in a child's case file not later than the day after
105	105	the action occurs;
106	106	(2) identify and develop a comprehensive set of
107	107	casework quality indicators that must be reported in real time to
108	108	support timely management oversight;
109	109	(3) provide department supervisors with access to
110	110	casework quality indicators and train department supervisors on the
111	111	use of that information in the daily supervision of caseworkers;
112	112	(4) develop a case tracking system that notifies
113	113	department supervisors and management when a case is not
114	114	progressing in a timely manner;
115	115	(5) use current data reporting systems to provide
116	116	department supervisors and management with easier access to
117	117	information; and
118	118	(6) train department supervisors and management on the
119	119	use of data to monitor cases and make decisions.
120	120	(b) The department shall record and maintain all interviews
121	121	and documents pertaining to an investigation, including original
122	122	notes.
123	123	SECTION 5. Section 261.307(a), Family Code, is amended to
124	124	read as follows:
125	125	(a) As soon as possible after initiating an investigation of
126	126	a parent or other person having legal custody of a child, the
127	127	department shall provide to the person:
128	128	(1) a summary that:
129	129	(A) is brief and easily understood;
130	130	(B) is written in a language that the person
131	131	understands, or if the person is illiterate, is read to the person
132	132	in a language that the person understands; and
133	133	(C) contains the following information:
134	134	(i) the department's procedures for
135	135	conducting an investigation of alleged child abuse or neglect,
136	136	including:
137	137	(a) a description of the
138	138	circumstances under which the department would request to remove
139	139	the child from the home through the judicial system; and
140	140	(b) an explanation that the law
141	141	requires the department to refer all reports of alleged child abuse
142	142	or neglect to a law enforcement agency for a separate determination
143	143	of whether a criminal violation occurred;
144	144	(ii) the person's right to file a complaint
145	145	with the department or to request a review of the findings made by
146	146	the department in the investigation;
147	147	(iii) the person's right to review all
148	148	records of the investigation unless the review would jeopardize an
149	149	ongoing criminal investigation or the child's safety;
150	150	(iv) the person's right to seek legal
151	151	counsel;
152	152	(v) references to the statutory and
153	153	regulatory provisions governing child abuse and neglect and how the
154	154	person may obtain copies of those provisions; [and]
155	155	(vi) the process the person may use to
156	156	acquire access to the child if the child is removed from the home;
157	157	and
158	158	(vii) a list of the specific allegations on
159	159	which the investigation is based, including the date and a detailed
160	160	description of each allegation that the department is
161	161	investigating;
162	162	(2) if the department determines that removal of the
163	163	child may be warranted, a proposed child placement resources form
164	164	that:
165	165	(A) instructs the parent or other person having
166	166	legal custody of the child to:
167	167	(i) complete and return the form to the
168	168	department or agency; and
169	169	(ii) identify in the form three individuals
170	170	who reside in the state within 100 miles from the child's primary
171	171	residence who could serve as [be] relative caregivers or designated
172	172	caregivers, as those terms are defined by Section 264.751, before a
173	173	suit affecting the parent-child relationship is filed and until the
174	174	suit is dismissed; and
175	175	(B) informs the parent or other person of a
176	176	location that is available to the parent or other person to submit
177	177	the information in the form 24 hours a day either in person or by
178	178	facsimile machine or e-mail; and
179	179	(3) an informational manual required by Section
180	180	261.3071.
181	181	SECTION 6. Section 261.309, Family Code, is amended by
182	182	adding Subsections (b-1), (c-1), (c-2), and (e-1) and amending
183	183	Subsections (c) and (d) to read as follows:
184	184	(b-1) The immediate supervisor shall submit a written
185	185	report at the conclusion of the informal review under Subsection
186	186	(b). The report must summarize the person's case or complaint and
187	187	contain the supervisor's findings relating to the person's case or
188	188	complaint. Not later than the 20th day after the date the
189	189	supervisor submits the report, the department shall make the
190	190	written report available to the person under investigation.
191	191	(c) If, after the department's investigation, the person
192	192	who is alleged to have abused or neglected a child disputes the
193	193	department's determination of whether child abuse or neglect
194	194	occurred, the person may request an administrative review of the
195	195	findings. The department shall provide a copy of the file relating
196	196	to the person who requests the review to the person not later than
197	197	the 30th day before the date of the review. A department employee
198	198	in administration who was not involved in or did not directly
199	199	supervise the investigation shall conduct the review. The review
200	200	must sustain, alter, or reverse the department's original findings
201	201	in the investigation.
202	202	(c-1) At the administrative review under Subsection (c),
203	203	the person conducting the review for the department shall allow the
204	204	person challenging the findings to bring witnesses, submit
205	205	evidence, and question the investigative workers and immediate
206	206	supervisors who developed the department's findings. The
207	207	department may postpone the administrative review for not more than
208	208	30 days to ensure attendance of necessary investigative workers and
209	209	immediate supervisors.
210	210	(c-2) The department shall make an audio recording of the
211	211	administrative review and preserve the recording until the first
212	212	anniversary of the date the administrative review concludes. The
213	213	department shall make the audio recording available to any party
214	214	involved in the review not later than the 10th day after the date
215	215	the person requests access to the recording.
216	216	(d) Unless a civil or criminal court proceeding or an
217	217	ongoing criminal investigation relating to the alleged abuse or
218	218	neglect investigated by the department is pending, the department
219	219	employee shall conduct the review prescribed by Subsection (c) as
220	220	soon as possible but not later than the 45th day after the date the
221	221	department receives the request. If a civil court proceeding
222	222	initiated by the department, a [or] criminal court proceeding, or
223	223	an ongoing criminal investigation is pending, the department may
224	224	postpone the review until the court proceeding is completed. The
225	225	department shall conduct the review not later than the 45th day
226	226	after the date the court proceeding or investigation is completed.
227	227	(e-1) A person under investigation for allegedly abusing or
228	228	neglecting the person's child is not subject to, and cannot be
229	229	required to submit to, the jurisdiction of the State Office of
230	230	Administrative Hearings in any proceeding in connection to the
231	231	alleged abuse or neglect.
232	232	SECTION 7. Section 261.310(d), Family Code, is amended to
233	233	read as follows:
234	234	(d) The standards shall:
235	235	(1) recommend that videotaped and audiotaped
236	236	interviews be uninterrupted;
237	237	(2) recommend a maximum number of interviews with and
238	238	examinations of a suspected victim;
239	239	(3) provide procedures to preserve evidence,
240	240	including the original audio recordings of the intake telephone
241	241	calls, original notes, e-mails, videotapes, and other audiotapes,
242	242	until the second anniversary of the later of the date the evidence
243	243	is created or the date of a final judgment in a case for which the
244	244	evidence is created [for one year]; and
245	245	(4) provide that an investigator of suspected child
246	246	abuse or neglect make a reasonable effort to locate and inform each
247	247	parent of a child of any report of abuse or neglect relating to the
248	248	child.
249	249	SECTION 8. Section 261.302(c), Family Code, is repealed.
250	250	SECTION 9. The changes in law made by this Act apply only to
251	251	an investigation of a report of child abuse or neglect that is made,
252	252	or a suit affecting the parent-child relationship that is
253	253	commenced, on or after the effective date of this Act. A report
254	254	that is made or a suit that is commenced before the effective date
255	255	of this Act is governed by the law in effect on the date the report
256	256	was made or the suit was commenced, and the former law is continued
257	257	in effect for that purpose.
258	258	SECTION 10. This Act takes effect September 1, 2009.