Texas 2021 - 87th 1st C.S.

Texas House Bill HB296 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S11170 MCK-D
2	2	By: Cason H.B. No. 296
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notifying an alleged perpetrator of child abuse or
8	8	neglect of the person's rights in connection with an investigation
9	9	conducted by the Department of Family and Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 261.307, Family Code, is amended to read
12	12	as follows:
13	13	Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
14	14	PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [As soon as
15	15	possible after] initiating an investigation of a parent or other
16	16	person having legal custody of a child, the department shall, on
17	17	first contact with the person, provide to the person:
18	18	(1) a summary that:
19	19	(A) is brief and easily understood;
20	20	(B) is written in a language that the person
21	21	understands, or if the person is illiterate, is read to the person
22	22	in a language that the person understands; and
23	23	(C) contains the following information:
24	24	(i) the department's procedures for
25	25	conducting an investigation of alleged child abuse or neglect,
26	26	including:
27	27	(a) a description of the
28	28	circumstances under which the department would request to remove
29	29	the child from the home through the judicial system; and
30	30	(b) an explanation that the law
31	31	requires the department to refer all reports of alleged child abuse
32	32	or neglect to a law enforcement agency for a separate determination
33	33	of whether a criminal violation occurred;
34	34	(ii) the person's right to file a complaint
35	35	with the department or to request a review of the findings made by
36	36	the department in the investigation;
37	37	(iii) the person's right to review all
38	38	records of the investigation unless the review would jeopardize an
39	39	ongoing criminal investigation or the child's safety;
40	40	(iv) the person's right to seek legal
41	41	counsel;
42	42	(v) references to the statutory and
43	43	regulatory provisions governing child abuse and neglect and how the
44	44	person may obtain copies of those provisions; [and]
45	45	(vi) the process the person may use to
46	46	acquire access to the child if the child is removed from the home;
47	47	and
48	48	(vii) written notification of the rights
49	49	listed under Subdivision (2);
50	50	(2) oral notification of the right to:
51	51	(A) refuse to speak with any agent of the
52	52	department without the person's legal counsel;
53	53	(B) assistance by an attorney;
54	54	(C) have a court-appointed attorney if the person
55	55	is indigent;
56	56	(D) openly or secretly record any interaction or
57	57	interview to which the person is a party subject to the
58	58	understanding that the recording may be subject to disclosure to
59	59	the department, law enforcement, or another party under a court
60	60	order;
61	61	(E) request and receive a copy of the
62	62	department's current recording policy;
63	63	(F) refuse to allow the investigator to enter the
64	64	home or interview the children without legal counsel present;
65	65	(G) withhold consent to the release of any
66	66	medical or mental health records;
67	67	(H) withhold consent to any medical or
68	68	psychological examination of the child;
69	69	(I) refuse to submit to a drug test;
70	70	(J) consult with legal counsel before agreeing to
71	71	any proposed voluntary safety plan;
72	72	(K) be notified of and attend any court hearings
73	73	related to or arising from the investigation; and
74	74	(L) on request, have an interpreter;
75	75	(3) if the department determines that removal of the
76	76	child may be warranted, a proposed child placement resources form
77	77	that:
78	78	(A) instructs the parent or other person having
79	79	legal custody of the child to:
80	80	(i) complete and return the form to the
81	81	department or agency;
82	82	(ii) identify in the form at least three
83	83	individuals who could be relative caregivers or designated
84	84	caregivers, as those terms are defined by Section 264.751;
85	85	(iii) ask the child in a developmentally
86	86	appropriate manner to identify any adult, particularly an adult
87	87	residing in the child's community, who could be a relative
88	88	caregiver or designated caregiver for the child; and
89	89	(iv) list on the form the name of each
90	90	individual identified by the child as a potential relative
91	91	caregiver or designated caregiver; and
92	92	(B) informs the parent or other person of a
93	93	location that is available to the parent or other person to submit
94	94	the information in the form 24 hours a day either in person or by
95	95	facsimile machine or e-mail; and
96	96	(4) [(3)] an informational manual required by Section
97	97	261.3071.
98	98	(b) The child placement resources form described by
99	99	Subsection (a)(3) [(a)(2)] must include information on the periods
100	100	of time by which the department must complete a background check.
101	101	(c) The department shall adopt a form for the purpose of
102	102	verifying that the parent or other person having legal custody of
103	103	the child received the verbal notification and written summary
104	104	required by this section.
105	105	SECTION 2. The changes in law made by this Act apply only to
106	106	an investigation of a report of child abuse or neglect that is made
107	107	on or after the effective date of this Act. An investigation of a
108	108	report of abuse or neglect made before the effective date of this
109	109	Act is governed by the law in effect on the date the report was made,
110	110	and the former law is continued in effect for that purpose.
111	111	SECTION 3. This Act takes effect on the 91st day after the
112	112	last day of the legislative session.