H.B. No. 3259
AN ACT
relating to certain investigation records in child abuse and
neglect cases and to information regarding a child available to
prospective adoptive parents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.006, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The department, licensed child-placing agency, or other
person[, or entity] placing a child for adoption shall inform the
prospective adoptive parents of their right to examine the records
and other information relating to the history of the child. The
department, licensed child-placing agency, or other person [or
entity] placing the child for adoption shall edit the records and
information to protect the identity of the biological parents and
any other person whose identity is confidential.
(a-1) The records described by Subsection (a) must include
any records relating to an investigation of abuse in which the child
was an alleged or confirmed victim of sexual abuse while residing in
a foster home or other residential child-care facility. If the
licensed child-placing agency or other person placing the child for
adoption does not have the information required by this subsection,
the department, at the request of the licensed child-placing agency
or other person placing the child for adoption, shall provide the
information to the prospective adoptive parents of the child.
SECTION 2. Section 264.0145(a), Family Code, is amended to
read as follows:
(a) In this section, "case record" means those files,
reports, records, communications, audio recordings, video
recordings [audiotapes, 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 3. 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 that is 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
[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 4. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3259 was passed by the House on April
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3259 on May 23, 2013, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3259 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor