Texas 2023 - 88th Regular

Texas House Bill HB635 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R408 MLH-D
2	2	By: Frank H.B. No. 635
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, upon
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) the rights listed under Subdivision
49	49	(2);
50	50	(2) a verbal notification of the right to:
51	51	(A) not speak with any agent of the department
52	52	without legal counsel present;
53	53	(B) receive assistance from an attorney;
54	54	(C) have a court-appointed attorney if the person
55	55	is indigent;
56	56	(D) record any interaction or interview subject
57	57	to the understanding that the recording may be subject to
58	58	disclosure to the department, law enforcement, or another party
59	59	under a court order;
60	60	(E) refuse to allow the investigator to enter the
61	61	home or interview the children without legal counsel present;
62	62	(F) withhold consent to the release of any
63	63	medical or mental health records;
64	64	(G) withhold consent to any medical or
65	65	psychological examination of the child;
66	66	(H) refuse to submit to a drug test; and
67	67	(I) consult with legal counsel prior to agreeing
68	68	to any proposed voluntary safety plan;
69	69	(3) if the department determines that removal of the
70	70	child may be warranted, a proposed child placement resources form
71	71	that:
72	72	(A) instructs the parent or other person having
73	73	legal custody of the child to:
74	74	(i) complete and return the form to the
75	75	department or agency;
76	76	(ii) identify in the form at least three
77	77	individuals who could be relative caregivers or designated
78	78	caregivers, as those terms are defined by Section 264.751;
79	79	(iii) ask the child in a developmentally
80	80	appropriate manner to identify any adult, particularly an adult
81	81	residing in the child's community, who could be a relative
82	82	caregiver or designated caregiver for the child; and
83	83	(iv) list on the form the name of each
84	84	individual identified by the child as a potential relative
85	85	caregiver or designated caregiver; and
86	86	(B) informs the parent or other person of a
87	87	location that is available to the parent or other person to submit
88	88	the information in the form 24 hours a day either in person or by
89	89	facsimile machine or e-mail; and
90	90	(4) [(3)] an informational manual required by Section
91	91	261.3071.
92	92	(b) The child placement resources form described by
93	93	Subsection (a)(3) [(a)(2)] must include information on the periods
94	94	of time by which the department must complete a background check.
95	95	(c) The department shall adopt a form for the purpose of
96	96	verifying that the parent or other person having legal custody of
97	97	the child received the verbal notification and written summary
98	98	required by this section.
99	99	SECTION 2. The changes in law made by this Act apply only to
100	100	an investigation of a report of child abuse or neglect that is made
101	101	on or after the effective date of this Act. An investigation of a
102	102	report of child abuse or neglect made before the effective date of
103	103	this Act is governed by the law in effect on the date the report was
104	104	made, and the former law is continued in effect for that purpose.
105	105	SECTION 3. This Act takes effect September 1, 2023.