Texas 2023 - 88th Regular

Texas House Bill HB1289 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22846 BDP-F
2	2	By: Campos H.B. No. 1289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a training program for persons investigating suspected
8	8	child abuse or neglect.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 261, Family Code, is
11	11	amended by adding Section 261.3105 to read as follows:
12	12	Sec. 261.3105. TRAINING PROGRAM FOR PERSONS INVESTIGATING
13	13	SUSPECTED CHILD ABUSE OR NEGLECT. (a) The department shall develop
14	14	a training program for each person who investigates any instance of
15	15	suspected child abuse or neglect at the state or local level and the
16	16	investigative supervisor of the person.
17	17	(b) The training program must include instruction on:
18	18	(1) the definitions of abuse and neglect under Section
19	19	261.001;
20	20	(2) the option for an abbreviated investigation or
21	21	administrative closure of certain reported cases under Section
22	22	261.3018;
23	23	(3) the required notice to an alleged perpetrator of
24	24	the right to record an interview under Section 261.3027;
25	25	(4) the required provision of information on
26	26	investigation procedures and child placement resources under
27	27	Section 261.307;
28	28	(5) the required notice of the right to request an
29	29	administrative review of the department's findings under Section
30	30	261.3091;
31	31	(6) the investigative standards established under
32	32	Section 261.310, including case file documentation;
33	33	(7) the required assessment of certain proposed
34	34	relative or other designated caregiver placements under Section
35	35	264.754;
36	36	(8) the department's policies on investigation
37	37	dispositions and risk findings appropriate to the type of
38	38	investigation;
39	39	(9) the department's policy on identifying a potential
40	40	relative placement before an adversary hearing;
41	41	(10) the department's policy on notifying a kinship
42	42	provider of the appeal process for a denied home assessment for
43	43	potential placement with the provider;
44	44	(11) the procedures for defining, identifying, and
45	45	supporting protective capabilities of youths 13 years of age or
46	46	older;
47	47	(12) the burdens of proof applied to the evaluation
48	48	and production of evidence;
49	49	(13) the rights provided by the Fourth Amendment to
50	50	the United States Constitution, the appropriate manner of informing
51	51	an alleged perpetrator of those rights, and the search and seizure
52	52	elements of those rights; and
53	53	(14) information on available community resources for
54	54	a child's identified risk factors to avoid delay in referrals for
55	55	services and to resources.
56	56	(c) The training program must also provide to department
57	57	investigators advanced training on investigative techniques and
58	58	protocols, including:
59	59	(1) techniques and protocols for conducting
60	60	interviews with alleged perpetrators of and witnesses to alleged
61	61	child abuse or neglect that ensure department investigators are
62	62	able to provide accurate information to appropriate experts;
63	63	(2) techniques for searching for and identifying
64	64	witnesses and collateral sources who may potentially provide
65	65	information regarding an allegation of child abuse or neglect;
66	66	(3) protocols for accurately scaling alleged abuse or
67	67	neglect markings and injuries that ensure department investigators
68	68	are able to accurately and appropriately present information to
69	69	medical experts;
70	70	(4) protocols for photographing alleged abuse or
71	71	neglect markings and scenes;
72	72	(5) techniques for reconstructing events and
73	73	statements using timelines;
74	74	(6) protocols for collecting and packaging evidence;
75	75	(7) protocols for using notes, photographs, and
76	76	timelines to accurately represent an allegation of abuse or
77	77	neglect;
78	78	(8) methods for analyzing and applying forensic
79	79	evidence to the statutory definitions of abuse and neglect under
80	80	Section 261.001 and to possible signs and symptoms of abuse and
81	81	neglect; and
82	82	(9) procedures for analyzing and applying forensic
83	83	evidence to statutory standards established in this chapter,
84	84	including the burden of proof.
85	85	(d) The department shall administer to each investigator
86	86	and investigative supervisor an examination to test the
87	87	individual's knowledge and competency of the information provided
88	88	in the training program. An investigator or investigative
89	89	supervisor may not be assigned to investigate or supervise the
90	90	investigation of any case until the investigator or supervisor
91	91	successfully completes the training program and passes the
92	92	examination.
93	93	(e) In developing and implementing the training program,
94	94	the department shall:
95	95	(1) encourage professionalism, procedural
96	96	standardization, and investigative disposition accuracy in the
97	97	investigations of suspected child abuse or neglect; and
98	98	(2) collaborate with:
99	99	(A) appropriate Department of Public Safety
100	100	personnel;
101	101	(B) licensed attorneys;
102	102	(C) forensic medical professionals;
103	103	(D) appropriate law enforcement agency
104	104	personnel; and
105	105	(E) any other appropriate professionals.
106	106	SECTION 2. (a) As soon as practicable after the effective
107	107	date of this Act, the commissioner of the Department of Family and
108	108	Protective Services shall adopt the rules necessary to implement
109	109	the changes in law made by this Act.
110	110	(b) Section 261.3105(d), Family Code, as added by this Act,
111	111	applies only to investigation of a case assigned to an investigator
112	112	or investigative supervisor on or after January 1, 2025.
113	113	SECTION 3. This Act takes effect September 1, 2023.