By: Watson S.B. No. 1064
(In the Senate - Filed February 23, 2009; March 13, 2009,
read first time and referred to Committee on Health and Human
Services; April 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 15, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1064 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.302, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) The department, without filing suit, may seek a court
order in aid of investigation under Section 261.303.
SECTION 2. Section 261.303, Family Code, is amended to read
as follows:
Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT
ORDER. (a) A person may not interfere with an investigation of a
report of child abuse or neglect conducted by the department or
designated agency, and a court may enforce the right of the
department to conduct an investigation under this subchapter.
(b) If admission to the home, school, or any place where the
child may be cannot be obtained, or if consent to transport a child
for purposes relating to an interview or investigation cannot be
obtained, then on presentation of an affidavit described by
Subsection (e) that is executed by an investigator or authorized
representative of the department [for good cause shown] the court
having family law jurisdiction, including any associate judge
designated by the court, shall without prior notice or a hearing
order the parent, the person responsible for the care of the
children, or the person in charge of any place where the child may
be to allow entrance, transport of the child, or both entrance and
transport for the interview, examination, and investigation.
(c) If a parent or person responsible for the child's care
does not consent to release of the child's prior medical,
psychological, or psychiatric records or to a medical,
psychological, or psychiatric examination of the child that is
requested by the department or designated agency, then on
presentation of an affidavit described by Subsection (e) that is
executed by an investigator or authorized representative of the
department the court having family law jurisdiction, including any
associate judge designated by the court, shall without prior notice
or a hearing[, for good cause shown,] order the records to be
released or the examination to be made at the times and places
designated by the court.
(d) If a person, agency, or entity having possession of
records relating to a child that are relevant to an investigation
does not consent to the release of the records on the request of the
department or designated agency, then on presentation of an
affidavit described by Subsection (e) that is executed by an
investigator or authorized representative of the department the
court having family law jurisdiction, including any associate judge
designated by the court, shall without prior notice or a hearing
order the records to be released at the time and place designated by
the court.
(e) An affidavit required under Subsection (b), (c), or (d)
must state facts sufficient to lead a person of ordinary prudence
and caution to believe that:
(1) based on information available, a child's physical
or mental health or welfare has been or may be adversely affected by
abuse or neglect; and
(2) the requested order is necessary to aid in the
investigation.
(f) An affidavit used to obtain a court order in aid of
investigation under this section is not a pleading, and may not be
deemed a pleading, for purposes of the Texas Rules of Civil
Procedure.
(g) A person, including a medical facility, that makes a
report under Subchapter B shall release to the department or
designated agency, as part of the required report under Section
261.103, records that directly relate to the suspected abuse or
neglect without requiring parental consent or a court order. If a
child is transferred from a reporting medical facility to another
medical facility to treat the injury or condition that formed the
basis for the original report, the transferee medical facility
shall, at the department's request, release to the department
records relating to the injury or condition without requiring
parental consent or a court order.
(h) [(e)] A person, including a utility company, that has
confidential locating or identifying information regarding a
family that is the subject of an investigation under this chapter
shall release that information to the department on request. The
release of information to the department as required by this
subsection by a person, including a utility company, is not subject
to Section 552.352, Government Code, or any other law providing
liability for the release of confidential information.
(i) A court having family law jurisdiction may designate an
associate judge to issue an order in aid of investigation under this
section. An order issued by an associate judge is immediately
effective without the ratification or signature of the court making
the designation.
(j) An investigator or authorized representative of the
department executing an order issued under this section shall
promptly file with the court that issued the order a written report
stating whether the ordered access was granted, the interview was
conducted, or other action was taken in accordance with the order.
(k) A court issuing an order in aid of investigation under
this section shall keep a record of all the proceedings before the
court under this subchapter and shall certify and deliver the
record to the clerk of the court accompanied by all the original
papers relating to the proceedings, including a report filed with
the court under Subsection (j). The record of proceedings,
including any affidavit presented to the court and any report filed
with the court, is confidential under Section 261.201 and may only
be disclosed as provided by that section.
(l) If the department files a suit affecting the
parent-child relationship under Chapter 262, the department shall
include with its original petition any prelitigation affidavit,
order, or report relating to an order in aid of investigation issued
under this section.
(m) As soon as practicable after the department obtains
access to records of a child pursuant to an order issued under this
section, the department must notify the child's parents or other
person with legal custody of the child that the department has
obtained the records.
(n) Access to a confidential record under this subchapter
does not constitute a waiver of confidentiality.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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