Texas 2019 - 86th Regular

Texas Senate Bill SB821 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 821
	1	+	By: Nelson S.B. No. 821
	2	+	(Price)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to children's advocacy centers.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 264.402, Family Code, is amended to read
8	10		as follows:
9	11		Sec. 264.402. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
10	12		On the execution of a memorandum of understanding under Section
11	13		264.403, a children's advocacy center may be established by
12	14		community members and the participating agencies [entities]
13	15		described by Section 264.403(a) to serve a county or two or more
14	16		contiguous counties in which a center has not been established.
15	17		SECTION 2. Section 264.403, Family Code, is amended to read
16	18		as follows:
17	19		Sec. 264.403. INTERAGENCY MEMORANDUM OF UNDERSTANDING.
18	20		(a) A [Before a] center shall enter into [may be established under
19	21		Section 264.402,] a memorandum of understanding regarding
20	22		participation in the multidisciplinary team response under Section
21	23		264.406. The center and each of the following agencies [operation
22	24		of the center] must execute the memorandum of understanding [be
23	25		executed among]:
24	26		(1) [the division of] the department responsible for
25	27		child abuse and neglect investigations;
26	28		(2) each [representatives of] county and municipal law
27	29		enforcement agency with jurisdiction to [agencies that]
28	30		investigate child abuse and neglect in the area to be served by the
29	31		center; and
30	32		(3) each [the] county or district attorney with
31	33		jurisdiction to prosecute [who routinely prosecutes] child abuse
32	34		and neglect cases in the area to be served by the center[; and
33	35		[(4) a representative of any other governmental entity
34	36		that participates in child abuse investigations or offers services
35	37		to child abuse victims that desires to participate in the operation
36	38		of the center].
37	39		(b) A memorandum of understanding executed under this
38	40		section shall include the agreement of each participating agency
39	41		[entity] to cooperate in:
40	42		(1) minimizing the revictimization of alleged abuse
41	43		and neglect victims and nonoffending family members through the
42	44		investigation, assessment, intervention, and prosecution
43	45		processes; and
44	46		(2) maintaining [developing] a cooperative[,] team
45	47		approach to facilitate successful outcomes in the criminal justice
46	48		and [investigating] child protection systems through shared
47	49		fact-finding and strong, collaborative case development [abuse;
48	50		[(2) reducing, to the greatest extent possible, the
49	51		number of interviews required of a victim of child abuse to minimize
50	52		the negative impact of the investigation on the child; and
51	53		[(3) developing, maintaining, and supporting, through
52	54		the center, an environment that emphasizes the best interests of
53	55		children and that provides investigatory and rehabilitative
54	56		services].
55	57		(c) The [A] memorandum of understanding must be reexecuted:
56	58		(1) at least every three years;
57	59		(2) on a significant change to the memorandum of
58	60		understanding; [executed under this section may include the
59	61		agreement of one] or
60	62		(3) on a change of a signatory of a [more]
61	63		participating agency [entities to provide office space and
62	64		administrative services necessary for the center's operation].
63	65		SECTION 3. Subchapter E, Chapter 264, Family Code, is
64	66		amended by adding Section 264.4031 to read as follows:
65	67		Sec. 264.4031. MULTIDISCIPLINARY TEAM WORKING PROTOCOL.
66	68		(a) A center shall adopt a multidisciplinary team working
67	69		protocol. The working protocol must include:
68	70		(1) the center's mission statement;
69	71		(2) the role of each participating agency on the
70	72		multidisciplinary team and the agency's commitment to the center;
71	73		(3) specific criteria for referral of cases for a
72	74		multidisciplinary team response and specific criteria for the
73	75		referral and provision of each service provided by the center;
74	76		(4) processes and general procedures for:
75	77		(A) the intake of cases, including direct
76	78		referrals from participating agencies described by Section
77	79		264.403(a) and reports from the department that involve the
78	80		suspected abuse or neglect of a child or the death of a child from
79	81		abuse or neglect;
80	82		(B) the availability outside scheduled business
81	83		hours of a multidisciplinary team response to cases and provision
82	84		of necessary center services;
83	85		(C) information sharing to ensure the timely
84	86		exchange of relevant information;
85	87		(D) forensic interviews;
86	88		(E) family and victim advocacy;
87	89		(F) medical evaluations and medical treatment;
88	90		(G) mental health evaluations and mental health
89	91		treatment;
90	92		(H) multidisciplinary team case review; and
91	93		(I) case tracking; and
92	94		(5) provisions for addressing conflicts within the
93	95		multidisciplinary team and for maintaining the confidentiality of
94	96		information shared among members of the multidisciplinary team.
95	97		(b) The working protocol must be executed by the
96	98		participating agencies required to enter into the memorandum of
97	99		understanding under Section 264.403.
98	100		(c) The working protocol must be reexecuted:
99	101		(1) at least every three years;
100	102		(2) on a significant change to the working protocol;
101	103		or
102	104		(3) on a change of a signatory of a participating
103	105		agency.
104	106		SECTION 4. Section 264.404, Family Code, is amended by
105	107		amending Subsection (a) and adding Subsection (c) to read as
106	108		follows:
107	109		(a) In addition to any other persons appointed or elected to
108	110		serve on the governing board of a [children's advocacy] center, the
109	111		governing board must include an executive officer of, or an
110	112		employee with decision-making authority selected by an executive
111	113		officer of:
112	114		(1) the department responsible for child abuse and
113	115		neglect investigations;
114	116		(2) a law enforcement agency with jurisdiction to
115	117		investigate [that investigates] child abuse and neglect in the area
116	118		served by the center;
117	119		[(2) the child protective services division of the
118	120		department;] and
119	121		(3) the county or district attorney's office with
120	122		jurisdiction to prosecute [involved in the prosecution of] child
121	123		abuse and neglect cases in the area served by the center.
122	124		(c) The governing board members required under Subsection
123	125		(a) may not constitute a majority of the membership of a center's
124	126		governing board.
125	127		SECTION 5. Section 264.405, Family Code, is amended to read
126	128		as follows:
127	129		Sec. 264.405. CENTER DUTIES. (a) A center shall:
128	130		(1) receive, review, and track department reports
129	131		relating to the suspected abuse or neglect of a child or the death
130	132		of a child from abuse or neglect to ensure a consistent,
131	133		comprehensive approach to all cases that meet the criteria outlined
132	134		in the multidisciplinary team working protocol adopted under
133	135		Section 264.4031;
134	136		(2) coordinate the activities of participating
135	137		agencies relating to abuse and neglect investigations and delivery
136	138		of services to alleged abuse and neglect victims and their
137	139		families;
138	140		(3) facilitate assessment of alleged abuse or neglect
139	141		[assess] victims [of child abuse] and their families to determine
140	142		their need for services relating to the investigation of [child]
141	143		abuse or neglect and[;
142	144		[(2)] provide needed services [determined to be needed
143	145		under Subdivision (1)]; and
144	146		(4) comply with the standards adopted under Section
145	147		264.409(c).
146	148		(b) A center shall [(3)] provide:
147	149		(1) facilitation of a multidisciplinary team response
148	150		to abuse or neglect allegations;
149	151		(2) a formal process that requires the
150	152		multidisciplinary team to routinely discuss and share information
151	153		regarding investigations, case status, and services needed by
152	154		children and families;
153	155		(3) a system to monitor the progress and track the
154	156		outcome of each case;
155	157		(4) a child-focused setting that is comfortable,
156	158		private, and physically and psychologically safe for diverse
157	159		populations [a facility] at which a multidisciplinary team
158	160		[appointed under Section 264.406] can meet to facilitate the
159	161		efficient and appropriate disposition of [child] abuse and neglect
160	162		cases through the civil and criminal justice systems;
161	163		(5) culturally competent services for children and
162	164		families throughout the duration of a case;
163	165		(6) victim support and advocacy services for children
164	166		and families;
165	167		(7) forensic interviews that are conducted in a
166	168		neutral, fact-finding manner and coordinated to avoid duplicative
167	169		interviewing;
168	170		(8) access to specialized medical evaluations and
169	171		treatment services for victims of alleged abuse or neglect;
170	172		(9) evidence-based, trauma-focused mental health
171	173		services for children and nonoffending members of the child's
172	174		family; and
173	175		(10) opportunities for community involvement through
174	176		a formalized volunteer program dedicated to supporting the center
175	177		[(4) coordinate the activities of governmental entities relating
176	178		to child abuse investigations and delivery of services to child
177	179		abuse victims and their families].
178	180		(c) The duties prescribed to a center under Subsection
179	181		(a)(1) do not relieve the department or a law enforcement agency of
180	182		its duty to investigate a report of abuse or neglect as required by
181	183		other law.
182	184		SECTION 6. Section 264.406, Family Code, is amended to read
183	185		as follows:
184	186		Sec. 264.406. MULTIDISCIPLINARY TEAM. (a) A center's
185	187		multidisciplinary team must include employees of the participating
186	188		agencies described by Section 264.403(a) [who are professionals
187	189		involved in the investigation or prosecution of child abuse cases].
188	190		(b) A representative of any other entity may participate in
189	191		the multidisciplinary team response as provided by the
190	192		multidisciplinary team working protocol adopted under Section
191	193		264.4031 if:
192	194		(1) the entity participates in or provides the
193	195		following:
194	196		(A) child abuse or neglect investigations;
195	197		(B) abuse or neglect investigations involving
196	198		persons with a disability;
197	199		(C) services to alleged child abuse or neglect
198	200		victims; or
199	201		(D) services to alleged victims who are persons
200	202		with a disability;
201	203		(2) the center and the participating agencies agree in
202	204		writing to the entity's participation; and
203	205		(3) the entity signs the memorandum of understanding
204	206		executed under Section 264.403 and the working protocol adopted
205	207		under Section 264.4031.
206	208		(c) [(b)] A [center's] multidisciplinary team shall be
207	209		actively [may also include professionals] involved in the following
208	210		[the delivery of services, including medical and mental health
209	211		services, to child abuse victims and the victims' families.
210	212		[(c) A] multidisciplinary team response [shall meet at
211	213		regularly scheduled intervals to]:
212	214		(1) coordinating [review child abuse cases determined
213	215		to be appropriate for review by the multidisciplinary team; and
214	216		[(2) coordinate] the actions of the participating
215	217		agencies [entities] involved in the investigation and prosecution
216	218		of [the] cases and the delivery of services to alleged [the child]
217	219		abuse or neglect victims and the victims' families; and
218	220		(2) conducting at regularly scheduled intervals
219	221		multidisciplinary review of appropriate abuse or neglect cases as
220	222		provided by the working protocol adopted under Section 264.4031.
221	223		(d) A multidisciplinary team may review an [a child] abuse
222	224		or neglect case in which the alleged perpetrator [does not have
223	225		custodial control or supervision of the child or] is not a person
224	226		responsible for a [the] child's care, custody, or welfare [or
225	227		care].
226	228		(e) A [When acting in the member's official capacity, a]
227	229		multidisciplinary team member is authorized to share with and
228	230		receive from other multidisciplinary team members information made
229	231		confidential by Chapter 552, Government Code, Section 40.005 or
230	232		48.101, Human Resources Code, or Section 261.201 or 264.408 of this
231	233		code when acting in the member's official capacity as an employee of
232	234		a participating agency described by Section 264.403(a) or of
233	235		another entity described by Subsection (b).
234	236		SECTION 7. Section 264.4061, Family Code, is amended to
235	237		read as follows:
236	238		Sec. 264.4061. MULTIDISCIPLINARY TEAM RESPONSE REQUIRED.
237	239		(a) The department shall refer a case to a center and the center
238	240		shall initiate a response by a center's multidisciplinary team
239	241		appointed under Section 264.406 when conducting an investigation
240	242		of:
241	243		(1) a report of abuse or neglect that is made by a
242	244		professional as defined by Section 261.101 and that:
243	245		(A) alleges sexual abuse of a child; or
244	246		(B) is a type of case handled by the center in
245	247		accordance with the working protocol adopted for the center under
246	248		Section 264.4031 [264.411(a)(9)]; or
247	249		(2) a child fatality in which there are surviving
248	250		children in the deceased child's household or under the supervision
249	251		of the caregiver involved in the child fatality.
250	252		(b) Any interview of a child conducted as part of the
251	253		investigation under Subsection (a) must be a forensic interview
252	254		conducted in accordance with the center's working protocol adopted
253	255		under Section 264.4031 unless a forensic interview is not
254	256		appropriate based on the child's age and development or the center's
255	257		working protocol adopted under Section 264.4031.
256	258		(c) Subsection (a) applies only to an investigation of abuse
257	259		or neglect in a county served by a center that has executed an
258	260		interagency memorandum of understanding under Section 264.403. If
259	261		a county is not served by a center that has executed an interagency
260	262		memorandum of understanding, the department may, if appropriate,
261	263		directly refer a case to a center in an adjacent county to initiate
262	264		a response by that center's multidisciplinary team[, if
263	265		appropriate].
264	266		SECTION 8. Section 264.408, Family Code, is amended to read
265	267		as follows:
266	268		Sec. 264.408. USE OF INFORMATION AND RECORDS;
267	269		CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records,
268	270		communications, and working papers used or developed in providing
269	271		services under this chapter are confidential and not subject to
270	272		public release under Chapter 552, Government Code, and may only be
271	273		disclosed for purposes consistent with this chapter. Disclosure
272	274		may be made to:
273	275		(1) the department, department employees, law
274	276		enforcement agencies, prosecuting attorneys, medical
275	277		professionals, and other state or local agencies that provide
276	278		services to children and families; and
277	279		(2) the attorney for the alleged victim [child] who is
278	280		the subject of the records and a court-appointed volunteer advocate
279	281		appointed for the alleged victim [child] under Section 107.031.
280	282		(b) Information related to the investigation of a report of
281	283		abuse or neglect under Chapter 261 and to the services provided as a
282	284		result of the investigation is confidential as provided by Section
283	285		261.201.
284	286		(c) The department, a law enforcement agency, and a
285	287		prosecuting attorney may share with a center information that is
286	288		confidential under Section 261.201 as needed to provide services
287	289		under this chapter. Confidential information shared with or
288	290		provided to a center remains the property of the agency that shared
289	291		or provided the information to the center. A request for
290	292		confidential information provided to the center under this section
291	293		must be made to the agency that shared or provided the information.
292	294		(d) An electronic [A video] recording of an interview with
293	295		[of] a child or person with a disability that is made by a center is
294	296		the property of the prosecuting attorney involved in the criminal
295	297		prosecution of the case involving the child or person. If no
296	298		criminal prosecution occurs, the electronic [video] recording is
297	299		the property of the attorney involved in representing the
298	300		department in a civil action alleging [child] abuse, [or] neglect,
299	301		or exploitation. If the matter involving the child or person is not
300	302		prosecuted, the electronic [video] recording is the property of the
301	303		department if the matter is an investigation by the department of
302	304		abuse, [or] neglect, or exploitation. If the department is not
303	305		investigating or has not investigated the matter, the electronic
304	306		[video] recording is the property of the agency that referred the
305	307		matter to the center.
306	308		(d-1) An electronic [A video] recording of an interview
307	309		described by Subsection (d) is subject to production under Article
308	310		39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
309	311		Evidence. A court shall deny any request by a defendant to copy,
310	312		photograph, duplicate, or otherwise reproduce an electronic [a
311	313		video] recording of an interview described by Subsection (d),
312	314		provided that the prosecuting attorney makes the electronic [video]
313	315		recording reasonably available to the defendant in the same manner
314	316		as property or material may be made available to defendants,
315	317		attorneys, and expert witnesses under Article 39.15(d), Code of
316	318		Criminal Procedure.
317	319		(e) The department shall be allowed access to electronic [a
318	320		center's video] recordings of interviews of children or persons
319	321		with a disability.
320	322		SECTION 9. Section 264.409, Family Code, is amended to read
321	323		as follows:
322	324		Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The
323	325		[department or the] commission shall contract with one [a]
324	326		statewide organization that is exempt from federal income taxation
325	327		under Section 501(a), Internal Revenue Code of 1986, as an
326	328		organization described by Section 501(c)(3) of that code [and
327	329		designated as a supporting organization under Section 509(a)(3) of
328	330		that code] and that is composed of individuals [or groups of
329	331		individuals] who have expertise in the establishment and operation
330	332		of children's advocacy center programs. The statewide organization
331	333		shall provide training, technical assistance, evaluation services,
332	334		and funds administration to support contractual requirements under
333	335		Section 264.411 for local children's advocacy center programs.
334	336		(b) The [If the commission enters into a] contract under
335	337		this section[, the contract] must provide that the statewide
336	338		organization may not spend annually in the performance of duties
337	339		under Subsection (a) more than 12 percent of the annual amount
338	340		appropriated to the commission for purposes of this section.
339	341		(c) The statewide organization with which the commission
340	342		contracts shall develop and adopt standards for children's advocacy
341	343		centers.
342	344		SECTION 10. Sections 264.410(a) and (b), Family Code, are
343	345		amended to read as follows:
344	346		(a) The statewide organization with which [the department
345	347		or] the commission contracts under Section 264.409 shall contract
346	348		[for services] with eligible centers to establish, maintain, and
347	349		enhance the [existing] services provided by the centers [of the
348	350		programs].
349	351		(b) The contract under this section may not result in
350	352		reducing the financial support a [local] center receives from
351	353		another source.
352	354		SECTION 11. Section 264.411, Family Code, is amended to
353	355		read as follows:
354	356		Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public
355	357		entity that operated as a center under this subchapter before
356	358		November 1, 1995, or a nonprofit entity is eligible for a contract
357	359		under Section 264.410 if the entity:
358	360		(1) has a signed memorandum of understanding as
359	361		provided by Section 264.403;
360	362		(2) has a signed working protocol as provided by
361	363		Section 264.4031;
362	364		(3) has [operates under the authority of] a governing
363	365		board as provided by Section 264.404;
364	366		(4) [(3)] has a multidisciplinary team [of persons
365	367		involved in the investigation or prosecution of child abuse cases
366	368		or the delivery of services] as provided by Section 264.406;
367	369		(5) [(4) holds] regularly convenes the
368	370		multidisciplinary team [scheduled case reviews] as provided by
369	371		Section 264.406;
370	372		[(5) operates in a neutral and physically separate
371	373		space from the day-to-day operations of any public agency partner;]
372	374		(6) [has developed a method of statistical information
373	375		gathering on children receiving services through the center and
374	376		shares such statistical information with the statewide
375	377		organization, the department, and the commission when requested;
376	378		[(7) has an in-house volunteer program;
377	379		[(8)] employs an executive director who is accountable
378	380		[answerable] to the board of directors of the entity and who is not
379	381		the exclusive salaried employee of any governmental [public] agency
380	382		[partner];
381	383		[(9) operates under a working protocol that includes a
382	384		statement of:
383	385		[(A) the center's mission;
384	386		[(B) each agency's role and commitment to the
385	387		center;
386	388		[(C) the type of cases to be handled by the
387	389		center;
388	390		[(D) the center's procedures for conducting case
389	391		reviews and forensic interviews and for ensuring access to
390	392		specialized medical and mental health services; and
391	393		[(E) the center's policies regarding
392	394		confidentiality and conflict resolution;] and
393	395		(7) fulfills the duties required by Section 264.405
394	396		[(10) implements at the center the following program components:
395	397		[(A) a case tracking system that monitors
396	398		statistical information on each child and nonoffending family
397	399		member or other caregiver who receives services through the center
398	400		and that includes progress and disposition information for each
399	401		service the multidisciplinary team determines should be provided to
400	402		the client;
401	403		[(B) a child-focused setting that is
402	404		comfortable, private, and physically and psychologically safe for
403	405		diverse populations of children and nonoffending family members and
404	406		other caregivers;
405	407		[(C) family advocacy and victim support services
406	408		that include comprehensive case management and victim support
407	409		services available to each child and the child's nonoffending
408	410		family members or other caregivers as part of the services the
409	411		multidisciplinary team determines should be provided to a client;
410	412		[(D) forensic interviews conducted in a neutral,
411	413		fact-finding manner and coordinated to avoid duplicative
412	414		interviewing;
413	415		[(E) specialized medical evaluation and
414	416		treatment services that are available to all children who receive
415	417		services through the center and coordinated with the services the
416	418		multidisciplinary team determines should be provided to a child;
417	419		[(F) specialized trauma-focused mental health
418	420		services that are designed to meet the unique needs of child abuse
419	421		victims and the victims' nonoffending family members or other
420	422		caregivers and that are available as part of the services the
421	423		multidisciplinary team determines should be provided to a client;
422	424		and
423	425		[(G) a system to ensure that all services
424	426		available to center clients are culturally competent and diverse
425	427		and are coordinated with the services the multidisciplinary team
426	428		determines should be provided to a client].
427	429		(b) The statewide organization described by Section 264.409
428	430		may waive the requirements specified in Subsection (a) if it
429	431		determines that the waiver will not adversely affect a [the]
430	432		center's ability to carry out its duties under Section 264.405.
431	433		SECTION 12. Section 264.410(c), Family Code, is repealed.
432	434		SECTION 13. This Act takes effect September 1, 2019.
433		-	______________________________ ______________________________
434		-	President of the Senate Speaker of the House
435		-	I hereby certify that S.B. No. 821 passed the Senate on
436		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
437		-	______________________________
438		-	Secretary of the Senate
439		-	I hereby certify that S.B. No. 821 passed the House on
440		-	May 16, 2019, by the following vote: Yeas 134, Nays 6, two
441		-	present not voting.
442		-	______________________________
443		-	Chief Clerk of the House
444		-	Approved:
445		-	______________________________
446		-	Date
447		-	______________________________
448		-	Governor