Texas 2021 - 87th Regular

Texas House Bill HB2298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18152 MLH-D
2		-	By: Cason, Hull, Krause, Dutton, et al. H.B. No. 2298
3		-	Substitute the following for H.B. No. 2298:
4		-	By: Frank C.S.H.B. No. 2298
	1	+	87R8881 MLH-D
	2	+	By: Cason H.B. No. 2298
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to notifying an alleged perpetrator of child abuse or
10	8		neglect of the person's rights in connection with an investigation
11	9		conducted by the Department of Family and Protective Services.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 261.307, Family Code, is amended to read
14	12		as follows:
15	13		Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
16	14		PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [As soon as
17	15		possible after] initiating an investigation of a parent or other
18	16		person having legal custody of a child, the department shall, upon
19	17		first contact with the person, provide to the person:
20	18		(1) a summary that:
21	19		(A) is brief and easily understood;
22	20		(B) is written in a language that the person
23	21		understands, or if the person is illiterate, is read to the person
24	22		in a language that the person understands; and
25	23		(C) contains the following information:
26	24		(i) the department's procedures for
27	25		conducting an investigation of alleged child abuse or neglect,
28	26		including:
29	27		(a) a description of the
30	28		circumstances under which the department would request to remove
31	29		the child from the home through the judicial system; and
32	30		(b) an explanation that the law
33	31		requires the department to refer all reports of alleged child abuse
34	32		or neglect to a law enforcement agency for a separate determination
35	33		of whether a criminal violation occurred;
36	34		(ii) the person's right to file a complaint
37	35		with the department or to request a review of the findings made by
38	36		the department in the investigation;
39	37		(iii) the person's right to review all
40	38		records of the investigation unless the review would jeopardize an
41	39		ongoing criminal investigation or the child's safety;
42	40		(iv) the person's right to seek legal
43	41		counsel;
44	42		(v) references to the statutory and
45	43		regulatory provisions governing child abuse and neglect and how the
46	44		person may obtain copies of those provisions; [and]
47	45		(vi) the process the person may use to
48	46		acquire access to the child if the child is removed from the home;
49	47		and
50	48		(vii) the rights listed under Subdivision
51	49		(2);
52		-	(2) a verbal ~~and written~~ notification of the right to:
	50	+	(2) a verbal notification of the right to:
53	51		(A) not speak with any agent of the department
54	52		without legal counsel present;
55	53		(B) assistance by an attorney;
56	54		(C) have a court-appointed attorney if the person
57	55		is indigent;
58		-	(D) openly or secretly record any interaction or
59		-	interview to which the person is a party subject to the
60		-	understanding that the recording may be subject to disclosure to
61		-	the department, law enforcement, or another party under a court
62		-	order;
63		-	(E) request and receive a copy of the
64		-	department's current recording policy;
65		-	(F) refuse to allow the investigator to enter the
	56	+	(D) record any interaction or interview subject
	57	+	to the understanding that the recording may be subject to
	58	+	disclosure to the department, law enforcement, or another party
	59	+	under a court order;
	60	+	(E) refuse to allow the investigator to enter the
66	61		home or interview the children without legal counsel present;
67		-	(G) withhold consent to the release of any
	62	+	(F) withhold consent to the release of any
68	63		medical or mental health records;
69		-	(H) withhold consent to any medical or
	64	+	(G) withhold consent to any medical or
70	65		psychological examination of the child;
71		-	(I) refuse to submit to a drug test;
72		-	(J) consult with legal counsel prior to agreeing
	66	+	(H) refuse to submit to a drug test;
	67	+	(I) consult with legal counsel prior to agreeing
73	68		to any proposed voluntary safety plan;
74		-	(K) be notified of and attend any court hearings
	69	+	(J) be notified of and attend any court hearings
75	70		related to or arising from the investigation; and
76		-	(L) on request, have an interpreter;
	71	+	(K) have an interpreter, if the person does not
	72	+	speak English;
77	73		(3) if the department determines that removal of the
78	74		child may be warranted, a proposed child placement resources form
79	75		that:
80	76		(A) instructs the parent or other person having
81	77		legal custody of the child to:
82	78		(i) complete and return the form to the
83	79		department or agency;
84	80		(ii) identify in the form at least three
85	81		individuals who could be relative caregivers or designated
86	82		caregivers, as those terms are defined by Section 264.751;
87	83		(iii) ask the child in a developmentally
88	84		appropriate manner to identify any adult, particularly an adult
89	85		residing in the child's community, who could be a relative
90	86		caregiver or designated caregiver for the child; and
91	87		(iv) list on the form the name of each
92	88		individual identified by the child as a potential relative
93	89		caregiver or designated caregiver; and
94	90		(B) informs the parent or other person of a
95	91		location that is available to the parent or other person to submit
96	92		the information in the form 24 hours a day either in person or by
97	93		facsimile machine or e-mail; and
98	94		(4) [(3)] an informational manual required by Section
99	95		261.3071.
100	96		(b) The child placement resources form described by
101	97		Subsection (a)(3) [(a)(2)] must include information on the periods
102	98		of time by which the department must complete a background check.
103	99		(c) The department shall adopt a form for the purpose of
104	100		verifying that the parent or other person having legal custody of
105	101		the child received the verbal notification and written summary
106	102		required by this section.
107	103		SECTION 2. The changes in law made by this Act apply only to
108	104		an investigation of a report of child abuse or neglect that is made
109	105		on or after the effective date of this Act. An investigation of a
110	106		report of abuse or neglect made before the effective date of this
111	107		Act is governed by the law in effect on the date the report was made,
112	108		and the former law is continued in effect for that purpose.
113	109		SECTION 3. This Act takes effect September 1, 2021.