88R22846 BDP-F
By: Campos H.B. No. 1289
A BILL TO BE ENTITLED
AN ACT
relating to a training program for persons investigating suspected
child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3105 to read as follows:
Sec. 261.3105. TRAINING PROGRAM FOR PERSONS INVESTIGATING
SUSPECTED CHILD ABUSE OR NEGLECT. (a) The department shall develop
a training program for each person who investigates any instance of
suspected child abuse or neglect at the state or local level and the
investigative supervisor of the person.
(b) The training program must include instruction on:
(1) the definitions of abuse and neglect under Section
261.001;
(2) the option for an abbreviated investigation or
administrative closure of certain reported cases under Section
261.3018;
(3) the required notice to an alleged perpetrator of
the right to record an interview under Section 261.3027;
(4) the required provision of information on
investigation procedures and child placement resources under
Section 261.307;
(5) the required notice of the right to request an
administrative review of the department's findings under Section
261.3091;
(6) the investigative standards established under
Section 261.310, including case file documentation;
(7) the required assessment of certain proposed
relative or other designated caregiver placements under Section
264.754;
(8) the department's policies on investigation
dispositions and risk findings appropriate to the type of
investigation;
(9) the department's policy on identifying a potential
relative placement before an adversary hearing;
(10) the department's policy on notifying a kinship
provider of the appeal process for a denied home assessment for
potential placement with the provider;
(11) the procedures for defining, identifying, and
supporting protective capabilities of youths 13 years of age or
older;
(12) the burdens of proof applied to the evaluation
and production of evidence;
(13) the rights provided by the Fourth Amendment to
the United States Constitution, the appropriate manner of informing
an alleged perpetrator of those rights, and the search and seizure
elements of those rights; and
(14) information on available community resources for
a child's identified risk factors to avoid delay in referrals for
services and to resources.
(c) The training program must also provide to department
investigators advanced training on investigative techniques and
protocols, including:
(1) techniques and protocols for conducting
interviews with alleged perpetrators of and witnesses to alleged
child abuse or neglect that ensure department investigators are
able to provide accurate information to appropriate experts;
(2) techniques for searching for and identifying
witnesses and collateral sources who may potentially provide
information regarding an allegation of child abuse or neglect;
(3) protocols for accurately scaling alleged abuse or
neglect markings and injuries that ensure department investigators
are able to accurately and appropriately present information to
medical experts;
(4) protocols for photographing alleged abuse or
neglect markings and scenes;
(5) techniques for reconstructing events and
statements using timelines;
(6) protocols for collecting and packaging evidence;
(7) protocols for using notes, photographs, and
timelines to accurately represent an allegation of abuse or
neglect;
(8) methods for analyzing and applying forensic
evidence to the statutory definitions of abuse and neglect under
Section 261.001 and to possible signs and symptoms of abuse and
neglect; and
(9) procedures for analyzing and applying forensic
evidence to statutory standards established in this chapter,
including the burden of proof.
(d) The department shall administer to each investigator
and investigative supervisor an examination to test the
individual's knowledge and competency of the information provided
in the training program. An investigator or investigative
supervisor may not be assigned to investigate or supervise the
investigation of any case until the investigator or supervisor
successfully completes the training program and passes the
examination.
(e) In developing and implementing the training program,
the department shall:
(1) encourage professionalism, procedural
standardization, and investigative disposition accuracy in the
investigations of suspected child abuse or neglect; and
(2) collaborate with:
(A) appropriate Department of Public Safety
personnel;
(B) licensed attorneys;
(C) forensic medical professionals;
(D) appropriate law enforcement agency
personnel; and
(E) any other appropriate professionals.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the commissioner of the Department of Family and
Protective Services shall adopt the rules necessary to implement
the changes in law made by this Act.
(b) Section 261.3105(d), Family Code, as added by this Act,
applies only to investigation of a case assigned to an investigator
or investigative supervisor on or after January 1, 2025.
SECTION 3. This Act takes effect September 1, 2023.