83R14243 YDB-F
By: Otto H.B. No. 1100
Substitute the following for H.B. No. 1100:
By: Raymond C.S.H.B. No. 1100
A BILL TO BE ENTITLED
AN ACT
relating to eligibility of children's advocacy centers for
contracts to provide services for children and family members in
child abuse and neglect cases and to investigations of those cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.0145(a), Family Code, is amended to
read as follows:
(a) In this section, "case record" means those files,
reports, records, communications, audiotapes, video recordings
[videotapes], or working papers under the custody and control of
the department that are collected, developed, or used:
(1) in a child abuse or neglect investigation; or
(2) in providing services as a result of an
investigation, including substitute care services for a child.
SECTION 2. Sections 264.408(d), (d-1), and (e), Family
Code, are amended to read as follows:
(d) A video recording of an [videotaped] interview of a
child made at a center is the property of the prosecuting attorney
involved in the criminal prosecution of the case involving the
child. If no criminal prosecution occurs, the video recording
[videotaped interview] is the property of the attorney involved in
representing the department in a civil action alleging child abuse
or neglect. If the matter involving the child is not prosecuted,
the video recording [videotape] is the property of the department
if the matter is an investigation by the department of abuse or
neglect. If the department is not investigating or has not
investigated the matter, the video recording [videotape] is the
property of the agency that referred the matter to the center. If
the center employs a custodian of records for video recordings of
[videotaped] interviews of children, the center is responsible for
the custody of the video recording [videotape]. A video recording
of an [videotaped] interview may be shared with other agencies
under a written agreement.
(d-1) A video recording of an [videotaped] interview
described by Subsection (d) is subject to production under Article
39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
Evidence. A court shall deny any request by a defendant to copy,
photograph, duplicate, or otherwise reproduce a video recording, or
the audio portion of a video recording, [videotape] of an interview
described by Subsection (d), provided that the prosecuting attorney
makes the video recording [videotape] reasonably available to the
defendant in the same manner as property or material may be made
available to defendants, attorneys, and expert witnesses under
Article 39.15(d), Code of Criminal Procedure.
(e) The department shall be allowed access to a center's
video recordings of [videotaped] interviews of children.
SECTION 3. Section 264.411, Family Code, is amended to read
as follows:
Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
entity that operated as a center under this subchapter before
November 1, 1995, or a nonprofit entity is eligible for a contract
under Section 264.410 if the entity:
(1) has a signed memorandum of understanding as
provided by Section 264.403;
(2) operates under the authority of a governing board
as provided by Section 264.404;
(3) has a multidisciplinary team of persons involved
in the investigation or prosecution of child abuse cases or the
delivery of services as provided by Section 264.406;
(4) holds regularly scheduled case reviews as provided
by Section 264.406;
(5) operates in a neutral and physically separate
space from the day-to-day operations of any public agency partner;
(6) has developed a method of statistical information
gathering on children receiving services through the center and
shares such statistical information with the statewide
organization, the department, and the office of the attorney
general when requested;
(7) has an in-house volunteer program;
(8) employs an executive director who is answerable to
the board of directors of the entity and who is not the exclusive
salaried employee of any public agency partner; [and]
(9) operates under a working protocol that includes a
statement of:
(A) the center's mission;
(B) each agency's role and commitment to the
center;
(C) the type of cases to be handled by the center;
(D) the center's procedures for conducting case
reviews and forensic interviews and for ensuring access to
specialized medical and mental health services; and
(E) the center's policies regarding
confidentiality and conflict resolution; and
(10) implements at the center the following program
components:
(A) a case tracking system that monitors
statistical information on each child and nonoffending family
member or other caregiver who receives services through the center
and that includes progress and disposition information for each
service the multidisciplinary team determines should be provided to
the client;
(B) a child-focused setting that is comfortable,
private, and physically and psychologically safe for diverse
populations of children and nonoffending family members and other
caregivers;
(C) family advocacy and victim support services
that include comprehensive case management and victim support
services available to each child and the child's nonoffending
family members or other caregivers as part of the services the
multidisciplinary team determines should be provided to a client;
(D) forensic interviews conducted in a neutral,
fact-finding manner and coordinated to avoid duplicative
interviewing;
(E) specialized medical evaluation and treatment
services that are available to all children who receive services
through the center and coordinated with the services the
multidisciplinary team determines should be provided to a child;
(F) specialized trauma-focused mental health
services that are designed to meet the unique needs of child abuse
victims and the victims' nonoffending family members or other
caregivers and that are available as part of the services the
multidisciplinary team determines should be provided to a client;
and
(G) a system to ensure that all services
available to center clients are culturally competent and diverse
and are coordinated with the services the multidisciplinary team
determines should be provided to a client.
(b) The statewide organization may waive the requirements
specified in Subsection (a) if it determines that the waiver will
not adversely affect the center's ability to carry out its duties
under Section 264.405. [Any waiver that is granted must be
identified in the written contract with the center.]
SECTION 4. Section 264.411, Family Code, as amended by this
Act, applies only to a contract entered into under Section 264.410,
Family Code, on or after the effective date of this Act. A contract
entered into before the effective date of this Act is governed by
the law in effect on the date the contract was entered into, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.