Texas 2013 - 83rd Regular

Texas House Bill HB1100 Compare Versions

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Old	New	Differences
1	1	83R14243 YDB-F
2	2	By: Otto H.B. No. 1100
3	3	Substitute the following for H.B. No. 1100:
4	4	By: Raymond C.S.H.B. No. 1100
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to eligibility of children's advocacy centers for
10	10	contracts to provide services for children and family members in
11	11	child abuse and neglect cases and to investigations of those cases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 264.0145(a), Family Code, is amended to
14	14	read as follows:
15	15	(a) In this section, "case record" means those files,
16	16	reports, records, communications, audiotapes, video recordings
17	17	[videotapes], or working papers under the custody and control of
18	18	the department that are collected, developed, or used:
19	19	(1) in a child abuse or neglect investigation; or
20	20	(2) in providing services as a result of an
21	21	investigation, including substitute care services for a child.
22	22	SECTION 2. Sections 264.408(d), (d-1), and (e), Family
23	23	Code, are amended to read as follows:
24	24	(d) A video recording of an [videotaped] interview of a
25	25	child made at a center is the property of the prosecuting attorney
26	26	involved in the criminal prosecution of the case involving the
27	27	child. If no criminal prosecution occurs, the video recording
28	28	[videotaped interview] is the property of the attorney involved in
29	29	representing the department in a civil action alleging child abuse
30	30	or neglect. If the matter involving the child is not prosecuted,
31	31	the video recording [videotape] is the property of the department
32	32	if the matter is an investigation by the department of abuse or
33	33	neglect. If the department is not investigating or has not
34	34	investigated the matter, the video recording [videotape] is the
35	35	property of the agency that referred the matter to the center. If
36	36	the center employs a custodian of records for video recordings of
37	37	[videotaped] interviews of children, the center is responsible for
38	38	the custody of the video recording [videotape]. A video recording
39	39	of an [videotaped] interview may be shared with other agencies
40	40	under a written agreement.
41	41	(d-1) A video recording of an [videotaped] interview
42	42	described by Subsection (d) is subject to production under Article
43	43	39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
44	44	Evidence. A court shall deny any request by a defendant to copy,
45	45	photograph, duplicate, or otherwise reproduce a video recording, or
46	46	the audio portion of a video recording, [videotape] of an interview
47	47	described by Subsection (d), provided that the prosecuting attorney
48	48	makes the video recording [videotape] reasonably available to the
49	49	defendant in the same manner as property or material may be made
50	50	available to defendants, attorneys, and expert witnesses under
51	51	Article 39.15(d), Code of Criminal Procedure.
52	52	(e) The department shall be allowed access to a center's
53	53	video recordings of [videotaped] interviews of children.
54	54	SECTION 3. Section 264.411, Family Code, is amended to read
55	55	as follows:
56	56	Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
57	57	entity that operated as a center under this subchapter before
58	58	November 1, 1995, or a nonprofit entity is eligible for a contract
59	59	under Section 264.410 if the entity:
60	60	(1) has a signed memorandum of understanding as
61	61	provided by Section 264.403;
62	62	(2) operates under the authority of a governing board
63	63	as provided by Section 264.404;
64	64	(3) has a multidisciplinary team of persons involved
65	65	in the investigation or prosecution of child abuse cases or the
66	66	delivery of services as provided by Section 264.406;
67	67	(4) holds regularly scheduled case reviews as provided
68	68	by Section 264.406;
69	69	(5) operates in a neutral and physically separate
70	70	space from the day-to-day operations of any public agency partner;
71	71	(6) has developed a method of statistical information
72	72	gathering on children receiving services through the center and
73	73	shares such statistical information with the statewide
74	74	organization, the department, and the office of the attorney
75	75	general when requested;
76	76	(7) has an in-house volunteer program;
77	77	(8) employs an executive director who is answerable to
78	78	the board of directors of the entity and who is not the exclusive
79	79	salaried employee of any public agency partner; [and]
80	80	(9) operates under a working protocol that includes a
81	81	statement of:
82	82	(A) the center's mission;
83	83	(B) each agency's role and commitment to the
84	84	center;
85	85	(C) the type of cases to be handled by the center;
86	86	(D) the center's procedures for conducting case
87	87	reviews and forensic interviews and for ensuring access to
88	88	specialized medical and mental health services; and
89	89	(E) the center's policies regarding
90	90	confidentiality and conflict resolution; and
91	91	(10) implements at the center the following program
92	92	components:
93	93	(A) a case tracking system that monitors
94	94	statistical information on each child and nonoffending family
95	95	member or other caregiver who receives services through the center
96	96	and that includes progress and disposition information for each
97	97	service the multidisciplinary team determines should be provided to
98	98	the client;
99	99	(B) a child-focused setting that is comfortable,
100	100	private, and physically and psychologically safe for diverse
101	101	populations of children and nonoffending family members and other
102	102	caregivers;
103	103	(C) family advocacy and victim support services
104	104	that include comprehensive case management and victim support
105	105	services available to each child and the child's nonoffending
106	106	family members or other caregivers as part of the services the
107	107	multidisciplinary team determines should be provided to a client;
108	108	(D) forensic interviews conducted in a neutral,
109	109	fact-finding manner and coordinated to avoid duplicative
110	110	interviewing;
111	111	(E) specialized medical evaluation and treatment
112	112	services that are available to all children who receive services
113	113	through the center and coordinated with the services the
114	114	multidisciplinary team determines should be provided to a child;
115	115	(F) specialized trauma-focused mental health
116	116	services that are designed to meet the unique needs of child abuse
117	117	victims and the victims' nonoffending family members or other
118	118	caregivers and that are available as part of the services the
119	119	multidisciplinary team determines should be provided to a client;
120	120	and
121	121	(G) a system to ensure that all services
122	122	available to center clients are culturally competent and diverse
123	123	and are coordinated with the services the multidisciplinary team
124	124	determines should be provided to a client.
125	125	(b) The statewide organization may waive the requirements
126	126	specified in Subsection (a) if it determines that the waiver will
127	127	not adversely affect the center's ability to carry out its duties
128	128	under Section 264.405. [Any waiver that is granted must be
129	129	identified in the written contract with the center.]
130	130	SECTION 4. Section 264.411, Family Code, as amended by this
131	131	Act, applies only to a contract entered into under Section 264.410,
132	132	Family Code, on or after the effective date of this Act. A contract
133	133	entered into before the effective date of this Act is governed by
134	134	the law in effect on the date the contract was entered into, and the
135	135	former law is continued in effect for that purpose.
136	136	SECTION 5. This Act takes effect September 1, 2013.